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U. S. DEPARTMENT OF LABOR
W . B. WILSON, Secretary
BUREAU OF LABOR STATISTICS
ETHELBERT STEWART, Commissioner
BULLETIN OF THE UNITED STATES )
BUREAU OF L A B O R S T A T IS T IC S )
LABOR
LAWS
OF
THE
UNITED
f\T
• • • • \liO .
STATES
077
H I
SERIES
LABOR LEGISLATION OF 1919
JANUARY, 1921
WASHINGTON
GOVERNMENT PRINTING OFFICE
1921
CONTENTS.
Review of labor legislation of 1919:
Pase
5, 6
Introduction_______________________________________________________
Regulation of contract of employment______________________________
6, 7
Examination and licensing of workmen_____________________________
7, 8
Wages_____________________________________________________________ 9-11
Hours of labor_____________________________________________________ 11,12
Holidays and rest days_____________________________________________
12
Hygiene and safety_________________________________________________ 12-18
Factories______________________________________________________ 12-1(J
Mines_________________________________________________________
16
Railroads______________________________________________________
17
Employees on buildings________________________________________ 17,18
Women and children________________________________________________18-24
Wages_________________________________________________________
18
Hours of labor________ :_______________________________________ 18,19
General provisions____________________________________ I_______ 19-22
School attendance of children__________________________________ 22, 23
Continuation schools__________________________________________ 23, 24
Employment offices_________________________________________________25-28
Free public offices______________________________________________
25
Private offices__________________________________________________25, 26
Other provisions as to placement_______________________________ 26-28
Bureaus of labor___________________________________________________ 28-30
Mothers’ pensions___________ -•_________________ ___________________ 30, 31
Retirement funds__________________________________________________31, 32
Employers’ liability________________________________________________
32
Accidents______________________________ ____________________________ 32, 33
Vocational rehabilitation__________________________________________ 33, 34
Labor organizations and labor disputes_____________________________
34
35
Syndicalism and sabotage_________________________________________
State police________________________________________________________
35
Cooperative associations___________________________________________
35
Civil rights of employees___________________________________________
36
Convict labor______________________________________________________
36
Investigative commissions_________________________________________
37
Laws of various States relating to labor enacted since January 1, 1919:
Alabama__________________________________________________________ 39-46
Alaska____________________________________________________________ 47-49
Arizona___________________________________________________________ 51-54
Arkansas__________________________________________________________ 55-58
California_________________________________________________________ 59-79
Colorado___________________________________________________________ 81-84
Connecticut________________________________________________________ 85-89
Delaware__________________________________________________________ 91, 92
Florida____________________________________________________________ 93-95
Georgia___________________________________________________________
97
Hawaii___________________________________________________________ 99-101
3
4
C O N T E N T S .
Laws of various States relating to labor enacted since Jan. 1, 1919—
Concluded.
Page.
Idaho______________________________________________________________
103
Illinois__________________________________________________________ 105-109
Indiana---------------------------------------------------------------------------------------111-118
Iowa------------------------------------------------------------------------------------------- 119,120
Kansas____________________________________________________________
121
Maine___________________________________________________________ 123-125
Massachusetts___________________________________________________ 127-136
Michigan________________________________________________________ 137-143
Minnesota_______________________________________________________ 145-160
Missouri_________________________________________________________ 161-170
Montana_________________________________________________________ 171-179
Nebraska________________________________________________________ 181-199
Nevada__________________________________________________________ 201-212
New Hampshire__________________________________________________213, 214
New Jersey______________________________________________________ 215-224
New Mexico_______________________________________________________
225
New York____________________________________________________ 227-234
North Carolina__________________________________________________ 235-237
North Dakota____________________________________________________ 239-248
Ohio „ __1________________________________________________________ 249-258
Oklahoma _______________________________________________________ 259-263
Oregon __________________________________________________________ 265-274 Pennsylvania____________________________________________________ 275-280
Porto Rico_______________________________________________________ 281-287
Rhode Island____________________________________________________ 289-294
South Ca rolina__________________________________________________ 295, 296
South Dakota___ _________________________________________________ 297-300
Tennessee ____________________________1--------------------------------------- 301-306
Texas _---------------------------------------------------------------------------------------- 307-312
Utah ____________________________________________________________ 313-319
Vermont___________________________________________________________
320
Virginia___________________________________________________________
320
Washington _____________________________________________________ 321-336
West Virginia-------------------- -------------------------------------------------------- 337-346
Wisconsin _---------------------------------------------------------------------------------- 347-352
Wyoming________________________________________________________ 353-355
United States__________________________________________ ________ 857-359
Cumulative index------------------------------------------------------------------------------ —
361
BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS.
no
. 277.
WASHINGTON.
Ja n u a r y , 1921
REVIEW OF LABOR LEGISLATION OF 1919.
BY LINDLEY D. CLARK.
INTRODUCTION.
In 1919 there were 48 legislative bodies in session in the United
States, of which 47 were in regular session and 1 in special session, be
sides the meeting of the Federal Congress. There were also 6 extra
sessions in States whose legislatures met regularly. In practically
every jurisdiction laws were enacted affecting the relations or status
of employers and employees. The results of this legislation, supple
menting the basic compilation of such material (Bulletin No. 148)
are published in the present bulletin. It was the endeavor to present
in Bulletin No. 148 all legislation in its field in force at the end of
the year 1913, and annual bulletins have been issued since that date
covering the succeeding years. These are numbered 166,186, 213, 244,
and 257. Each bulletin carries a cumulative index, so that the entire
material on any given subject may be referred to by the use of the
index in the latest number issued. One important subject of labor
legislation has been omitted from these bulletins—that of workmen’s
compensation. The bulk and special interest of this legislation have
warranted its separate presentation, which appears in Bulletin
No. 272.
The effects of the war are noticeable in a number of provisions
looking toward employment for demobilized military and naval
forces, while the disturbances of economic conditions are reflected in
the laws of a number of States penalizing syndicalism and sabotage.
The movement for continuation schools or part-time schools has been
accelerated, partly due no doubt to the action of Congress in pro
viding for vocational education with State cooperation, but also cer
tainly due to the need of such training, discovered by the workings of
the selective draft law, in addition to the ordinary training afforded by
the public schools. This idea is further reflected in legislation look
ing toward evening schools and Americanization classes for adults.
5
6
L A B O R
L E G IS L A T IO N
O F
1919—
R E V IE W .
Conditions surrounding the employment of women and children
continue to receive a large measure of attention, while it is proposed
to amend the Michigan constitution so as to permit legislation regu
lating the employment conditions for men as well as for women and
children.
REGULATION OF CONTRACT OF EMPLOYMENT.
The Federal Congress continued its prohibition on the subject of
efficiency systems and the giving of bonuses in workshops, and in the
arsenals and navy yards of the United States (Public, Nos. 7, 8).
An unusual departure from the old common-law limitations is
jnade in the California Civil Code (ch. 512) which authorizes con
tracts for personal service to run for a period of five years, possibly
a concession to the moving-picture industry, which is so largely repre
sented in that State.
Local conditions are likewise reflected in a Washington statute
regulating contracts for seasonal employment (ch. 191). Such em
ployments are defined, and it is provided that contracts therefor
must be in writing; the fraudulent acceptance of advances is penal
ized, and the commissioner of labor is authorized to settle disputes.
A law of Oregon (ch. 313) and one of Florida (ch. 7917) likewise
contain provisions punishing the fraudulent acceptance of advances.
The converse of such laws is found in a Colorado statute (ch. 79)
providing for the punishment of employers for defrauding employees
in the matter of wages. In Wisconsin (ch. 643) an attempt to in
fluence by false advertising is an offense the same as if actually in
fluencing workmen to change or accept employment. With this may
be noted an amendment of the North Carolina law on this subject
which penalizes the enticement of tenants as well as other classes of
workers (ch. 274). Laws of Michigan (No. 322) and Utah (ch.
130) provide penalties for fraudulent employment, the former in the
matter of foremen or other persons authorized to employ accepting
fees for jobs, and the latter forbidding interpreters as well as other
persons active in securing the labor contracts to receive fees from
workmen.
An amendment to* the New York corporation law authorizes the
issuing of stock to employees under arrangements approved by the
stockholders (ch. 308). In Massachusetts (ch. 70) manufacturing
corporations are authorized to arrange for employee representation
on their boards of directors, such employee members to have the same
rights, duties, and responsibilities as other directors. A statute of
Alaska (ch. 29) makes employers liable for the school tax which is
levied on all male adults, so far as their employees are concerned;
they are required to report the names of all persons in their em
R E G U L A T IO N
O F
C O N T R A C T
E M P L O Y M E N T .
7
ploy who are subject to such taxation. Another end is in view in a
Montana statute (ch. 134) which requires all employers of more than
50 persons to report names, citizenship, period of residence in the
United States, length of employment, knowledge of English, and
steps taken, if any, toward naturalization.
The Government of Porto Rico proposes to supervise the emigra
tion of labor from the island, the emigration of native laborers under
16 or over 70 years of age being prohibited unless some member of
the family accompanies them; while the commissioner of labor is to
be informed as to any contracts or agreements made by other emi
grants with the end in view of securing compliance therewith
(No. 19).
Mention has already been made of a joint resolution (No. 5)
of the Michigan Legislature proposing an amendment to the consti
tution authorizing the fixing of the hours and conditions of employ
ment of men as well as of women and children. In Washington
(ch. 184) an industrial code commission is provided to investigate the
evils of industrial life and to suggest remedies for the same; while in
Wisconsin (ch. 426) the industrial commission is authorized to com
pile a labor code for the State. In this State also (ch. 221) it is di
rected that agreements for apprenticeship must state the number of
hours to be spent in work and in instruction during the first two
years of apprenticeship.
EXAMINATION AND LICENSING OF WORKMEN.
There was but little extension of the idea of standardizing and
licensing industrial employments in 1919. Amending acts relative
to barbers were passed in Missouri (p. 169), Utah (ch. 3), and Wis
consin (chs. 314, 649). The Missouri amendment related to the
number of apprentices permitted in shops and the number of pupils
to each teacher in barber schools.
Most numerous were the laws, chiefly by way of amendment, rela
tive to chauffeurs. The tendency to distinguish more clearly between
operators and chauffeurs for hire is apparent. In Arkansas (No.
557) taxicab drivers and chauffeurs for hire must be over 21
years of age before a license can be procured. In Michigan (No.
368) operators not working for wages must be 16 years of age, pass
an examination or give demonstrations of skill, and pay a fee of 50
cents for a continuing license; while chauffeurs for hire (No. 383)
must be 18 years of age and their licenses must be renewed annually
on the payment of a fee of $2. Quite similar are the provisions of
the Pennsylvania act (No. 283) in regard to “ paid drivers’ licenses.”
Some of the amendments relate to revocation or suspension of license
for cause, or other penalization. In California (ch. 147) intoxicated
8
L A B O R
L E G IS L A T IO N
O F
1919—
R E V IE W .
persons or habitual users of drugs are forbidden to drive cars. In
Maine (ch. 211) a chauffeur found guilty of driving while intoxi
cated or under the influence of drugs may have his license revoked
for a term of three years. Various amendments, chiefly of minor
effect, were made to the laws of Colorado (ch. 161), Connecticut
(ch. 233), Iowa (ch. 275), Missouri (pp. 520, 535), New Hampshire
(ch. 161), New York (ch. 472), Oregon (chs. 353, 399), Vermont
(No. 119), Virginia (ch. 35), and Washington (ch. 59). An unusual
exemption is made by an Iowa statute (ch. 370), which declares that
employees who operate motor trucks in mercantile or agricultural
enterprises are not chauffeurs under the laws of the State.
A new field is entered by an Oregon statute (ch. 430), which re
quires automobile mechanics to demonstrate their qualifications to
a State board, by whom they must be licensed. The examination
fee is $5, and the same fee is charged for annual renewals.
The business of electricians is the subject of amendatory acts in
Massachusetts (ch. 333), requiring all applicants to take examina
tions; North Dakota (ch. 123), in which a State board of four
members issues licenses, masters5 fees being $5 and journeymen’s $3;
Wisconsin (ch. 368), which authorizes the common council of any
city or the board of any village to regulate the business of elec
tricians, issuing a license for a fee of not less than $1 nor more than
$20 per annum. A Washington statute (ch. 204) makes no pro
vision for examinations, but requires an annual fee of $15 and the
giving of a bond to cover damages done to property.
Engaging in the business of plumbing is similarly regulated by
laws of Missouri (p. 615), Texas (ch. 134), and Wisconsin (ch. 383).
All these laws are amendatory, the Texas law being made applicable
now only to cities of 5,000 population or more. The Legislature of
Porto Rico (No. 14) requires a sixth grade school education as one
of the essentials for a plumber’s license and three years’ experience
as helper of an authorized master; the applicant must be 21 years
of age.
Other acts under this head relate to the licensing of horseshoers,
Hawaii (No. 75); hoisting engineers, Montana (ch. 31); and steam
engineers, Minnesota (ch. 113), and Montana (ch. 54). All these laws
are amendatory, the Montana law requiring hoisting engineers to
be licensed to run gas or oil motors as well as motors where electricity
or air is the motive force, and makes the law apply to operators of
engines of as low as 5 horsepower instead of 25 horsepower as for
merly. A statute of New Jersey (ch. 233) requires marine engineers
to obtain a license.
An Arkansas statute (No. 486) provides for an examining board
to examine and license fire bosses, hoisting engineers, foremen, and
inspectors and assistant inspectors at mines.
L A B O R
L E G IS L A T IO N
O F
1919—
R E V IE W .
9
WAGES.
The fixing of the rate of wages by statute affects only public em
ployments, with the exception of the minimum-wage laws for women
and children, which will be considered under a separate heading.
The United States Congress (66th Cong., No. 23) advanced the pay
of printers, pressmen, and bookbinders in the Government printing
office to 75 cents per hour. A law of Massachusetts fixed a minimum
wage of 40 cents per hour for scrubwomen in public buildings of the
State (ch. 243); while that of Hawaii established a general mini
mum wage for laborers on public works of $2.25 per day (No. 218).
Acts of Arkansas (No. 692), Montana (ch. 15, extra session), and
South Carolina (No. 42) relate to wages on public highways. In
Arkansas, with many counties excepted, the rate is $2 for a laborer
and $2.50 for overseers. In Montana the board of county com
missioners is authorized to fix the rates in lieu of the established
amounts originally enacted; while in South Carolina instead of the
rate of $1 per day, overseers may hire at rates prevailing in the
locality for similar labor.
The time of the payment of wages was considered in a number
of States; thus, in California (ch. 202), Colorado (ch. 183), Georgia
(p. 388), Missouri (p. 450), Montana (ch. 11), Nevada (ch. 71),
South Dakota (ch. 297), Utah (ch. 71), and Wyoming (ch. 73) laws
requiring the semimonthly payment of wages were either originally
enacted or amended. Exceptions are found in some of the laws, as in
California, w7here monthly payment is prescribed for agricultural and
domestic labor, or where the employee receives board and lodging;
and in New Hampshire (ch. 6), where employees engaged in cutting,
harvesting, and driving pulp wood and timber are excepted from the
weekly payment law of the State. The Colorado law formerly ex
cepted railroad companies, but they are now required to make semi
monthly payments; while the law of South Dakota relates only to
railroads.
A number of these laws also contain provisions as to the payment
of wages on the termination of employment. Thus, where the em
ployee is discharged immediate payment of wages due is required in
California, Nevada, and Utah. In Montana discharged employees
must be paid within three days and in Wyoming within a reasonable
time. Employees resigning are to be paid within 72 hours, or at once
if 72 hours’ notice has been given, in California; within 24 hours in
Nevada, and on next pay day in Utah. The penalty for nonpayment
ranges from 5 per cent of the wages to a continuance of the full
wage for the fixed period. Several other States also considered the
subject of the payment of wages due at the end of employment, a law
of Connecticut (ch. 216) requiring immediate payment, whether on
10
L A B O R
L E G IS L A T IO N
O F
1919—
R E V IE W .
discharge or resignation. The Kansas statute (ch. 221) provides that
wages shall run until paid in full, if not paid within 24 hours of the
time of demand by the discharged employee. A Minnesota act (ch.
175) is of much the same tenor for employees either discharged or
resigning, if not under contract. The pay may not run for more than
15 days, and striking employees are to be paid on the next succeeding
pay day. In Oregon (ch. 24) striking employees are to be paid in
full within 30 days and those resigning within three days unless they
give three days’ notice, when they are to be paid on separation from
service. Striking employees in California are to be paid at the next
pay day. The South Carolina law is amended (No. 20) by making
&he penalty for nonpayment within 24 hours after discharge a con
tinuance of pay for not more than 30 days instead of a penalty of $5
per day without limit. Failure to pay within 72 hours after discharge
incurs a like penalty in West Virginia (ch. 30).
Wages due deceased employees may be paid to the next of kin with- „
out administration in an amount not exceeding $150, instead of $75,
as previously provided by a Pennsylvania statute (No. 13).
The medium of payment is considered in some of the laws noted
above, that of Missouri prescribing that wages must be paid in
lawful money, that of Montana, in lawful money or redeemable
checks, that of Nevada, in either lawful money or negotiable checks
or drafts, and that of Utah, in lawful money or good negotiable
paper. A New Jersey statute (ch. 182) forbids the use of scrip.
Other items that may be noted here are an act of California (ch.
518) declaring it to be embezzlement where a contractor uses money
paid on a contract otherwise than in the settlement of unpaid claims
for labor or material, and a law of Massachusetts (ch. 193) amending
the statute with reference to specifications for weaving by for
bidding the use of symbols.
The matter of assignments and the business of wage brokerage are
regulated by acts of Arizona (ch. 91), Colorado (ch. 159), and Con
necticut (ch. 219). The Arizona statute requires the signature of
both parties where the assignor is married and limits the assignable
amount to 10 per cent of 40 months’ pay. The Colorado and Con
necticut statutes follow the uniform small-loans law, each permitting
a maximum interest charge of 12 per cent. The license fee in Arizona
and Colorado is $50 and in Connecticut $100.
Garnishment is regulated by a statute of New Mexico (ch. 153)
limiting its effect to 20 per cent of the wages for the last 30 days’
service. Only residents of the State having families therein enjoy
this protection, and the debt must not be for the necessaries of life.
In actions for recovery of wages the Montana statute (ch. 11) au
thorizes a reasonable attorney’s fee to be allowed, while in Oregon
W A G E S .
11
(ch. 54) a suitor may not be granted an attorney’s fee where he will
fully violates his contract of employment.
The security of wages by the use of mechanics’ liens was consid
ered by the legislatures in a number of States. Thus Arkansas (No.
140) has a new act relating to blacksmiths, horseshoers, wheel
wrights, and automobile repair men. In Connecticut (ch. 73) jew
elers, watchmakers, and silversmiths are protected; while in Indiana
(ch. 183) a lien on thrashed grain is given in favor of owners or
operators of thrashing machines. The Kansas law is amended (ch,
235) by giving to the drivers or owners of auto trucks doing work on
real estate a lien thereon for the work done. Other amending acts
were passed in California (ch. 277), Illinois (pp. 640, 642), Iowa
(chs. 231, 380), Michigan (No. 140), Oklahoma (ch. 258), Oregon
(ch. 22), Rhode Island (ch. 1785), Tennessee (ch. 55), and Wiscon
sin (ch. 484). The subject of miner’s lien was considered in two
acts of the Wyoming Legislature, one (ch. 26) relating to coal mines,
and the other (ch. 128) to gas and oil wells and mines and quarries
generally.
Security by the requirement of bonds from contractors is most
usual in the case of public works. Various aspects of this subject
are considered by laws of California (chs. 297, 298, 303, 322, and 331),
chiefly amendatory; while in Wyoming (ch. 137) a law on this sub
ject was passed for the benefit of laborers and material men where
public buildings and improvements are the subject matter.
HOURS OF LABOR.
The hours of labor as well as the wages of women and children will
be considered under a separate head. Hours of labor on public works
were regulated in a few States, the 8-hour day being specified in each
case. The law of Minnesota (ch. 40) applies to laborers and work
men employed by or on behalf of the State, and to prison guards,
janitors of public institutions, etc. The Nevada law (ch. 203) fixes
the 8-hour day and 56-hour week, and provides that contracts for
labor shall contain this limitation. The Wisconsin statute applied
only to employees of the State or contracts with the State; and the
amendment of 1919 (ch. 217) extends the same law to counties
having a population of 250,000 or more. Another act (ch. 535) ex
cepts contracts for the construction or maintenance of public high
ways and bridges from the necessity of containing the 8-hour stipu
lation. A Kansas law (ch. 134) limits the hours of labor of
employees of cities of the first class to 12 hours per day, and provides
that this statute shall not affect the 8-hour law. Exceptions are
made in general in these laws for cases of emergency.
12
L A B O R
L E G IS L A T IO N
O F
1D 19—
R E V IE W .
An Idaho statute (ch. 162) requires barber shops in cities of the
first and second class to close ordinarily at 7 p. m., and at 10 p. m. on
Saturday and days preceding legal holidays.
Not affecting the length of the workday, but shifting it generally
was the daylight-saving law enacted by Congress in 1918. Its repeal
took place in 1919 (66th Cong., No. 40) over the President’s veto.
HOLIDAYS AND REST DAYS.
The Nevada statute forbidding barber shops to be open on Sundays
was amended (ch. 8) so as to include towns of 500 population and
above instead of only those of 10,000 or mare. The law of Wis
consin was also amended (ch. 133) by removing stores for the sale of
meats or groceries from the list of establishments that might be
open on Sundays. Another law of this State (ch. 653) requires a
rest period consisting of 24 consecutive hours in every seven days.
Excepted from the act are janitors, watchmen, persons employed in
the manufacture of butter, cheese, etc., and those employed in baker
ies, hotels, and restaurants or in the care of animals or fires.
Saturday afternoon is made a half holiday in June, July, and
August in Colorado (ch. 130), and throughout the year in Kent
County as well as in Newcastle County, Del. (ch. 193).
An act of Congress (66th Cong., No. 6) authorizes per diem employ
ees and day laborers of the District of Columbia, who have worked 15
days before a holiday and whose work continues thereafter, to be
allowed pay for such holiday the same as annual employees. A
Massachusetts statute (ch. 152) fixes a minimum vacation for State
employees of 12 working days annually with pay.
The conclusion of the armistice on November 11, 1918, led to the
recognition of the anniversary of that day as a permanent holiday
m Colorado (ch. 153), Hawaii (No. 54), North Carolina (No. 287),
and Tennessee (ch. 34). Lincoln’s birthday was adopted as a holiday
in Ohio (p. 132) and Tennessee (ch. 28); while Columbus Day or
Discovery Day was added to the list of holidays in North Dakota
(ch. 143), and Utah (ch. 60), the State last named also making April
15 a holiday, to be known as Arbor Day.
HYGIENE AND SAFETY.
FACTORIES.
The industrial development of Alaska has led to the extension of
the powers of the State mine inspector to other places where work
men are employed (ch. 59). He is given the title of labor com
missioner with power to investigate and report upon labor conditions
and enforce sanitary and safety labor regulations. Rules are pre
H Y G IE N E AND SAFETY.
13
sented for the sanitation of factories, canneries, etc., supply of
drinking water, the provision of wash rooms, toilets, etc., and for
the maintenance of a proper temperature.
There is a general movement to enlarge the inspection force or
amount allowed for expenses for inspection and also to increase sal
aries. Thus in Colorado (ch. 122) inspector’s traveling expenses may
amount to $1,200 per annum instead of $600, as formerly; the office
force is also increased. The commissioner of labor and factory in
spection of Connecticut is authorized (ch. 334) to appoint nine depu
ties, two of them to be women, and to prosecute violations of the law.
A prosecutor refusing to issue a warrant on demand is himself liable
to a fine of $25. The inspection force of Massachusetts is increased
(ch. 224) from 24 to 39, and inspection is to cover building operations;
to this end four appointees must have had at least three years’ experi
ence as building construction workmen. In Missouri (p. 452) the fac
tory inspector is now called an industrial inspector, and may appoint
10 deputies, 2 of whom may be women; there is an increase in sala
ries in this State. In New York (ch. 403) the department is au
thorized to appoint not over 225 inspectors instead of not less than
125, as formerly. The number of inspectors in the various grades
is no longer fixed; and provision is made for advances after two
years5 service in each grade. The expenditures for inspection in
Rhode Island are increased from $2,300 to $2,900 per annum (ch.
1750).
The industrial commission of California is authorized (ch. 471) to
extend the application of the safety provisions of the law to all
employments, whether for gain or not; enforcement provisions are
also strengthened. The inspection law of Minnesota is likewise
broadened (ch. 491) so as to require all places of employment, ex
cept such as are used in domestic service or in agriculture, to conform
to certain standards as to cleanliness, ventilation, air space, warmth,
separate toilets, wash rooms and dressing rooms, seats for females,
supply of drinking water, etc. Missouri statutes (pp. 439, 443, 448)
extend the application of the State law as to sanitation to establish
ments employing three persons or more instead of five or more, re
quire reports of accidents to be made within four days instead of two
weeks, prescribe additional safety appliances and penalize their re
moval, and recognize the change of the title of the chief official from
factory inspector to industrial inspector throughout. The State of
Nevada comes into line with a fairly complete code of safety and con
struction regulations for factories and like places of employment, the
act to be administered and enforced by the industrial commission of
the State (ch. 225). The New Hampshire inspection law formerly ap
plied only where as many as 10 persons were employed; an amend
ment of 1919 (ch. 66) makes it applicable where three or more em
14
L A B O R
L E G IS L A T IO N
O F
1919—
R E V IE W .
ployees are found. The inspection law of West Virginia is exten
sively changed (ch. 30). Provision is made for four factory in
spectors and an office force for the bureau of labor. Safeguards are
prescribed for dangerous machinery, power connections must be
under control in the various work places, hoistways must be guarded,
seats provided for female employees, toilet and wash rooms supplied,
no food may be taken into rooms where there is poisonous dust or
gas, suitable fire escapes and stairways must be provided, smoking
is forbidden in places where warnings are posted. The New York
law as to mercantile establishments applies “ where one or more per
sons are employed” (ch. 402).
Fire escapes and fire-alarm systems were the subjects of legislation
in Minnesota (No. 108), Montana (ch. 213), New Jersey (ch. 251),
Pennsylvania (ch. 202), and Wyoming (ch. 74). These are in the
main amendatory, but that of Montana is new, prescribing fire
escapes in factories and other work places three or more stories in
height, specifying place, type, and mode of construction. The New
Jersey statute prescribes fire-alarm systems with regular tests and
fire drills, the law applying where 25 persons or more are employed
above the first floor. Another law of Minnesota (ch. 107) strength
ens the provision of the law relative to communication between
work places and the power room; and a third statute (ch. 483) re
quires the owners of factories jointly occupied to provide a compe
tent elevator operator to serve tenants, the elevator being capable of
being locked at landings so as to prevent its unauthorized use.
An Indiana statute acts upon recent experience in another field
and prescribes a supply of gas masks for workmen employed in closed
places where dangerous gases exist (ch. 39). The use of suction
shuttles is forbidden in the State of Connecticut (ch. 27).
The preparation of food involves special sanitary provisions which
appear in a law of Indiana (ch. 56), authorizing the State board of
health to enforce regulations as to bakeries and employees therein.
Michigan (No. 25), Missouri (p. 441), Nebraska (ch. 190), Ohio
(p. 330), and Pennsylvania (No. 325) forbid the employment of
persons suffering from infectious or contagious diseases in bakeries,
canneries, etc. The laws of Nebraska, Ohio, and Pennsylvania also
prescribe sanitation and the provision of separate toilets and wash
rooms for employees of the two sexes. Another Michigan law (No.
353) makes the same provision as to infectious or communicable dis
eases with regard to employees in cigar factories.
Lighting is the subject of a separate act of the Oregon Legisla
ture (ch. 181). This provision applies both to stairs and exits and
to work places. The commissioner of labor and inspector of fac« tories is to establish standards and enforce conformity thereto.
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Wash rooms, toilets, and lunch rooms are required in a number of
laws, that of Arizona (ch. 165) relating to refineries, foundries,
cement and reduction works. The Arkansas statute (No. 265) is
general and directs that if lunch rooms can not be provided one hour
shall be allowed for lunch. The Connecticut statute as to toilets is
to be applicable in factories where five or more persons are employed
(ch. 273) ; while the Pennsylvania law as to toilet rooms is extended
(No. 164) to rolling mills and boiling, heating, and finishing mills.
A more general application of tl}e Missouri statute is secured (p. 451)
by requiring wash rooms in foundries employing 4 or more per
sons instead of 10 as formerly. The Minnesota law on the sub
ject of foundries is of wider scope, and relates to the protection of
entrances against drafts during the winter months, regulates the
clearance and conditions of gangways, prescribes adequate ventila
tion, heat, and light, and drying rooms for clothing, water closets,
etc. (ch. 84). No female may be employed in core rooms or may
customarily lift a weight in excess of 25 pounds. The manufacture
of explosives is regulated by an Ohio statute which forbids the car
rying or use of matches, narcotics, or intoxicants in such factories,
and forbids smoking therein (p. 334).
Coming under the general head of hygiene is a California law (ch.
164) amending the statute relative to sanitation, etc., of labor camps.
Substantial, dry bunk houses are required, with a separate bunk for
each employee. Bathing facilities must be furnished and kitchen
sinks drained.
The inspection of steam boilers is sometimes done by a separate
force and sometimes by inspectors under the general inspection laws.
The acts under this head are chiefly amendatory, and like those noted
above recognize the need of increased working forces and also of
enlarged salaries. The Colorado law (ch. 91) relates only to this
phase of the question. The Minnesota statute is considerably revised,
provision being made for a chief boiler inspector and a deputy paid
by State salaries and district inspectors paid by fees. The act also
establishes a system of examination and licensing for engineers and
recognizes boiler inspection by insurance companies (ch. 240).
The former exception as to boilers not used more than 60 days
per year is stricken out by a Montana statute (ch. 32), which also
requires certificates of inspection to be displayed and excepts railroad
locomotives unless used exclusively on private or establishment lines.
Boilers of less than 15 pounds’ pressure need not be examined in New
York, instead of those of 10 pounds or less as heretofore (ch. 228).
Annual inspections are required, but the fees may not exceed $5 for
an internal inspection and $2 for an external inspection, nor a total
of $7 per year for each boiler. In Pennsylvania (No. 366) steam.
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boilers used in the operation of oil wells are exempted from inspec
tion. New laws of Oklahoma (ch. 146) and Rhode Island (ch. 1770)
provide for inspection of steam boilers in their respective States,
in the first by the State factory inspector and in the second by a newly
created inspection office with an inspector and a deputy. Power to
formulate rules is given in each case, to make inspections, and to en
force compliance therewith. Special boards of boiler rules are pro
vided for by acts of Delaware (ch. 68) and New Jersey (ch. 151).
These boards are to formulate rules for the safe equipment of
boilers, rules of inspection, etc.
MINES.
As under the above heading, note may be made of increases in in
spection forces and salary allowances. Such provision is made by
acts of Arizona (ch. 54), Colorado (ch. 95), Michigan (No. 34),
New Mexico (ch. 84), Pennsylvania (No. 437), South Dakota (ch.
260), Tennessee (ch. 177), Washington (ch. 201), West Virginia
(ch. 32), and Wyoming (ch. 126). The Colorado law carries regu
lations as to blasting, and requires foremen at all mines. The Legisla
ture of New Jersey (ch. 187) and that of North Dakota (ch. 168)
enacted complete codes for mining operators in their respective
States. The customary provisions are found as to maps, exits, blast
ing, installation of signal systems, inspection, etc. In South Dakota
(ch. 259) the inspector of mines is also to inspect quarries. In Wyo
ming (chs. 16, 126) additional provisions are made as to manways,
ventilation, safety lamps, and the installation of electric lines. The
law of Arkansas is amended- (No. 686) so as to require ventilating
machines to be capable of reversing their currents in case of emer
gency. Amendments of the Illinois statute relate to exits, the use of
safety lamps, instructions as to gas upon entering work places, the
length of fuse to be used in firing shots, etc. (p. 656).
Detailed regulations as to the employment of shot firers are found
in an Indiana law (ch. 30). Another act in the same State (ch. 169)
provides that employees in mines on the State boundary line are
under the provisions of the laws of the State in which the entrance
shaft lies. Wash rooms are directed to be installed at coal mines
in Arkansas (No. 134) and Ohio (p. 6Q). Detailed provisions are
set forth as to lighting, heating, supply of hot and cold water, etc*
An act of the Colorado Legislature (ch. 158) relates to the bureau
of mines of that State, which has to do with mines other than coal
mines. The scope of the act is considerably extended, inspection of
all places authorized, and a detailed statistical report of operations
prescribed.
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RAILROADS.
Divergent courses are apparent in laws relating to train crews on
railroads, the Missouri statute on this subject being repealed (p. 247).
while in North Dakota companies operating four trains in 24 hours
are required to man their trains according to the provisions of the
law (ch. 169). The Missouri law had been repealed by a referendum
vote in 1914. In Ohio the existing law is made applicable to all roads
and not merely to those operating four trains in 24 hours (p. 687).
The prescribed crew must be placed on trains running as much as
3 miles instead of 25 as formerly.
The protection of workmen on repair tracks is considered in the laws
of Minnesota (ch. 514) and North Dakota (ch. 172). Shelters must
be constructed where as many as six men are employed in repair
work as long as 30 days, in the first case, and where five or more
employees are regularly engaged, in the second.
A Missouri statute (p. 256) amends a law relative to offenses of
railroad employees, prescribing a fine for running an engine out of
repair and if a fatal accident occurs there may be prosecution for,
manslaughter. In Michigan (No. 342) railway trains are required,
to be supplied with first-aid kits equipped as prescribed by the act.
The protection of employees on street railways by inclosed plat
forms is the subject of amendatory acts in Michigan (No. 320) and
Ohio (p. 161). Another Michigan statute (No. 401) authorizes the
State railroad commissioners to require all cars on interurban roads
to have couplers of a uniform height.
EMPLOYEES ON BUILDINGS.
The safety of carpenters and other building workmen was con
sidered in acts of Connecticut (ch. 93) and Texas (ch. 152). The
first-named act is amendatory, considerably enlarging the scope of
the existing law, especially as regards safe scaffolding, extension
ladders, temporary flooring, and guards about elevator shafts. The
Texas statute is new and requires the contractor to comply with its
provisions, but places also a measure of responsibility upon the
owner. The act applies to buildings three or more stories in height
and prescribes the laying of flooring as the building progresses, the
construction of scaffolds, the guarding of hoistways, etc. The en
forcement of the Indiana law on this subject is placed in the hands of
a building inspector, where there is such an official, and of the mayors
of towns and of township trustees, elsewhere (ch. 167). The New
York law is made applicable (ch. 545) to building work in towns
and villages as well as in cities/ The penalty for violation of the law
1757°— 21------ 2
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is increased in Oklahoma (ch. 149), and the labor commissioner is
authorized to prohibit the use of scaffolding o£ hoisting apparatus
not complying with the law.
An Ohio statute (p. 419) prescribes adequate ventilation of build
ings under construction and other buildings in which salamanders or
similar methods of heating or drying are used.
WOMEN AND CHILDREN.
WAGES.
The law of California establishing an industrial welfare commis
sion to regulate employment conditions of women and children was
amended (ch. 204) by an enlargement of its powers, and it is also
charged with the enforcement of the act. A difficulty that had
hampered the working of the Minimum Wage Commission of Mas
sachusetts is remedied by a grant of power to make appointments to
fill vacancies occurring in regular wage boards (ch. 72). Other
amendments in this State authorize the requirement of special
records of working hours for limited periods (ch. 76) ; and provide
that employers may be compelled to post in their establishments the
decrees of the commission (ch. 77). Minimum-wage laws were en
acted in North Dakota (ch. 174), Porto Rico (No. 45), and Texas (ch.
160). The act of Porto Rico fixes the wage rate arbitrarily, while
those of North Dakota and Texas place the determination of the
rates, etc., in the hands of a commission. The minimum-wage law of
Nebraska was repealed (ch. 190).
The laws of Michigan (No. 239) and Montana (ch. 147) direct
the payment of equal wages to women as to men for equal services.
The Michigan law directs that no injurious work shall be assigned to
women, nor any task disproportionate to women’s strength; while the
Montana statute is made applicable to both public and private em
ployment.
HOURS OF LABOR.
The matter of hours of labor of women was considered in several
States. The Arkansas statute was amended (No. 275) by striking out
telephone operating from those employments in which but nine
hours per day may be worked, and exempting also cotton factories
and the gathering of fruit and farm products from this limitation
This backward step is approximated by an act of the Vermont Legis
lature (No. 160) authorizing the commissioner of industries, with
the approval of the governor, to suspend for not over two months
in the year any State law governing the hours of labor of women and
children, where the preservation of perishable products is involved.
W O M E N
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The California law which fixes an 8-hour day and 48-hour week for
women was amended by extending its application, including among
other employments that of operating elevators in buildings (ch. 248).
This reflection of recent developments is paralleled in Ohio (p. 540),
where employment in interurban street-railway cars and in operating
elevators is brought undor the 9-hour day and the 50-hour week. This
act forbids the employment of females as crossing watchmen, express
drivers, molders, bell hops, taxi drivers, meter readers, etc., or where
there is a frequent lifting of weights over 25 pounds. In Okla
homa (ch. 163) the 54-hour week is prescribed in addition to the
9-hour day already fixed by law, and work in telegraph offices is in
cluded. Eight hours per day and 48 hours per week are prescribed
in Utah (ch. 70) in lieu of the 9-hour day and 54-hour week of the
earlier law,
The New York statute prescribing the weekly day of rest for
women was amended (ch. 544) by granting such rest period to female
elevator operators. Special regulations are also prescribed for such
operators, who must be 18 years of age or over and may work not over
9 hours per day and 54 hours per week. The regulations include the
prohibition of night work and require seats to be provided, time for
meals, suitable wash rooms, etc., as in mercantile establishments. Ex
ceptions as to night work are made in the case of women over 21 years
of age employed in hotels. Another act of the New York legisla
ture (ch. 583) treats of the employment of women on street rail
ways, They must be 21 years of age and may work not more than
9 hours per day on 6 days of the week, nor before 6 a. m. nor after
10 p. m. Dressing rooms and sanitary conveniences must be pro
vided at terminals, with time for meals.
The Oregon enforcement law directs that where women are relieved
from the limitations of minority by the fact of their marriage and are
employed in industrial establishments they shall be subject to the
laws as to hours of labor according to their actual age (ch. 47).
GENERAL PROVISIONS.
A Missouri statute (p. 442) prescribes a vacation of six weeks for
employed women at childbirth, three weeks before and three weeks
after the event.
Laws relating to employment of both women and children include
the suspension act of Vermont already noted, and one of Connecti
cut (ch. 195) enlarging somewhat the scope of the prohibition against
night work and authorizing the suspension of the law in cases of
emergency; one of Massachusetts (ch. 113) reducing the 10-hour day
to 9 hours and the 54-hour week to 48 hours; the maximum for sea
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sonal labor is reduced from 58 to 52 hours, and the yearly average
from 54 to 48 hours. In Michigan it is made an offense to permit or
suffer overtime work of women and children; and employment in
theaters, concert halls, and hotels, as elevator operators, or on street
or electric railways is added to the list to which the law applies (No.
341). An amendment to the New York law fixes the maximum of 48
hours per week for the work of children under 16 years of age, and
exempts female writers and reporters on newspapers from the pro
hibition as to night work (ch. 582). A new law in North Dakota
(ch. 170) fixes an 8^-hour day and a week of 6 days and 48 hours
for women and children in towns of 500 population or more. A law
of general application was enacted by the Legislature of Porto Rico
(Xo. 73) forbidding the employment of women and children be
tween 10 p. m. and 6 a. m., and prescribing the 8-hour day and 48hour week. Those exempted are women over 16 years of age employed
as telephone and telegraph operators, artists, nurses and domestic serv
ants ; time for meals must be allowed and seats furnished for women.
Children under 14 may not work in injurious or dangerous occupa
tions and must have certificates of school work accomplished unless
their labor is necessary. Children under 16 may not work more
than 7 liours per day and 42 hours per week nor between 6 p. m. and
8 a. m. The act also requires work permits for children under 16,
and prescribes air space, sanitation, etc.
Of the laws applying only to the emplojmient of children the most
far-reaching is the act of Congress (65th Cong., No. 254) levying a
tax on the products of the labor of children under 14 years of age in
mills, canneries, work shops, etc., and under 16 years of age in mines
and quarries. The tax is also levied if children under 16 work more
than 8 hours per day or 6 days per week or after 7 p. m. or before
6 a. m.
The Alabama statute on the employment of children is largely
amended, establishing the 8-hour day and 48-hour week in place of
the day of 11 hours and the week of 60 hours (No. 629). Night
work is also prohibited between the hours fixed by the Federal law.
The list of prohibited occupations is enlarged, and the age for school
attendance advanced from 14 to 16 years. The conditions of procur
ing work certificates are modified, and physical examination is now re
quired. Restrictions on street trades are extended to all cities. In
California also there is a very general revision of the law as to the
employment of children (ch. 259), advancing the minimum age for
employment from 15 to 16 years. Employment in street trades and
dangerous occupations is regulated, and the bureau of. labor sta
tistics is directed to enforce the act, an inspection force being pro
vided for. Another law of this State (ch. 267) requires the main
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tenance of a registry of minors gainfully employed, with their ages,
the names of their employers, etc. The issue of work certificates is
further regulated in Connecticut by a law (ch. 264) which, among
other things, requires the child to be physically examined, and au
thorizes the issue of a certificate for a limited period subject to re
examination after the time fixed has elapsed. In Maine (ch. 190)
the age limit for manufacturing and mechanical employment is made
15 years instead of 14, and the completion of the sixth grade of
school work is made the educational basis, for the issue of a certifi
cate. The Massachusetts law requiring employers to pledge employ
ment to children seeking permits is amended (ch. 62) by requiring
a statement of the specific employment in which the child is to be
engaged.
The Missouri law is amended by acts (pp. 248, 250) which permit
children to work when the schools are not in session, require those
under 16 years of age to have work permits, remove the limit as to
hours where children are employed by their parents or guardians,
and enumerate dangerous occupations in which minors under 16 muy
not work; girls under 18 years of age may not act as messengers. In
Montana (ch. 43) permits for work must be procured for all chil
dren under 16 instead of 14, as formerly, and the child must have
completed the eighth grade of school work; an exception is made
where the child is 14 years of age and his labor is found to be neces
sary for the family support. The law of New Jersey now requires
temporarily unemployed children to go to school (ch. 35). In North
Carolina (ch. 100) the employment of children under 14 years of
age is forbidden in any mill, factory, mercantile establishment, office,
place of amusement, messenger or delivery service, etc., nor may any
child under 16 years of age work in the places named between the
hours of 9 p. m. and 6 a. m., nor in or about any quarry or mine. A
child-welfare commission is provided for to enforce this law.
A number of amendments were made to the West Virginia law,
the employment of children under 16 years of age in dangerous occu
pations being forbidden (ch. 17). Some occupations were named,
while the commissioner of labor, the health commissioner, and the
State school authorities may decide as to others. The details for the
issue of work permits are revised and the hours of labor restricted
to 8 per day and 48 per week. Work between 7 p. m. and 6 a. m. is
forbidden. These limitations apply to children under 16 years of
age. The educational standard for procuring a work permit in Wis
consin is fixed (ch. 432) at the completion of the seventh grade or a
school attendance of eight years.
The hours of labor of children are considered in amendatory acts
of Iowa (ch. 139), fixing at 40 per week the maximum hours for
minors where part-time schools are established; and of Maine (ch.
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191), adding bowling alleys and pool rooms to the list of establish
ments where children under 16 years of age can not be employed at
night. A New Jersey law (ch. 36) prescribes the 8-hour day and
48-hour week for children under 16 years of age, reducing the same
to 42 hours per week while continuation schools are in session. A
similar reduction for children employed in mercantile establish
ments is contained in chapter 37. In Ohio a distinction is made
between males under 18 and females under 21 (p. 532), the law as to
males not being changed,. while for females a 9-hour day is fixed,
with a 50-hour week maximum, although females may work 10 hours
on Saturdays in mercantile establishments. Boys under 12 years of
age and girls under 18 are forbidden by a Wisconsin statute (ch.
354) to engage in street trades.
A child-welfare department is established by an act of the Ala
bama Legislature (No. 457) and is given a general- oversight over
minor children. It is to enforce the laws relating to their employ
ment and to cooperate with the department of education and the
State board of health. Members of the commission are partly ex
officio and partly appointed and serve without compensation, but may
appoint a salaried director. An investigative commission is pro
vided for in South Dakota to study and report upon the employment
conditions of children (ch. 134) ; while in Indiana a commission of
more general scope is created (ch. 197) under the t^tle of “ Commis
sion on Child Welfare and Social Insurance.” None of these commis
sions is salaried, the first having an appropriation of $12,400 for its
director and expenses, the second of $500 for expenses, and the last of
$5,000.
SCHOOL ATTENDANCE OF CHILDREN.
Compulsory school attendance is related quite generally to the
subject of the employment of children. In California (ch. 258) the
age for such attendance is advanced from 15 years to 16 years, and
added provision is made regulating the issue of work permits; vaca
tion permits for minors over 12 and under 15 years of age may be
issued in accordance with the terms and conditions prescribed by the
act. In Delaware children must attend school between the ages of
14 and 16 years if they have not completed the eighth grade (ch.
157) ; the issue of work permits is vested in the county superin
tendent of schools, or in superintendents in special school districts or
persons designated by them. Exemption is granted in Florida to a
child whose labor is necessary to the support of dependents, while
otherwise he must attend school between the ages of 7 and 16 (ch.
7808). In Massachusetts (ch. 281) the completion of the sixth grade
instead of the fourth grade is required to escape compulsory school
attendance. Work outside the school hours is permitted in Michi
W O M E N
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gan (No. 132) after a child has reached the age of 14. I f school is
held the entire year and is divided into quarters, attendance for
three quarters is a sufficient compliance with the law. Instead of
issuing a work permit to a child under 14 whose labor is necessary
for its support, a North Carolina statute authorizes a grant of aid
not in excess of $10 per month to such child to enable it to attend
school (ch. 150). The Oklahoma law requires the attendance of
children for two-thirds of the school term until the age of 18, unless,
having attained the age of 16 years, the child has completed the
eighth grade of school work and is properly employed (ch. 59). The
South Carolina law (No. 135) requires four consecutive months’ at
tendance each year to the age of 14, although children over 12 years
of age may get work permits if their labor is necessary for parental
support; the employment of a child under 14 without a work permit
is forbidden. In Tennessee (ch. 143) the age of compulsory attend
ance is made from 7 to 16 instead of from 8 to 14. The general school
law of West Virginia requires attendance at school until 14 unless des
titute, and to 16 if not regularly employed at least six hours per day
(ch. 2). Employed children are to attend evening, part-time, or con
tinuation schools for five hours per week for 20 weeks if one is located
within 2 miles of the home, and employers must release them for this
purpose.
CONTINUATION SCHOOLS.
The foregoing proposition as to the attendance of employed chil
dren resembles that found in a considerable number of laws enacted
last year. The growth of the idea of the part-time or continuation
school has been very rapid and has undoubtedly received an impetus
from the enactment of the vocational education law by Congress
and the discovery of needs as disclosed by the draft for soldiers in
the late war. Thus the Arizona law (ch. 113) prescribing school
attendance directs attendance for the full school year until the age
of 16 has been attained. Work permits may be issued at the age
of 14; and when 15 such permits have been issued in a district, a
part-time school must be established giving 150 hours of work per
year at the rate of 5 hours per week between 8 a. m. and 6 p. m.
Attendance is to be counted as part of the work day or week when
the hours of labor are limited by State or Federal law. Penalties
lie against both parents and employers for failure to comply. In
Colorado (ch. 506) the law applies to children between the ages of
14 and 18, and schools are to be established where there are 50 per
sons eligible within 3 miles thereof. High schools and grammar
schools may be provided and the attendance is compulsory, the
hours being between 8 a. m. and 5 p. m. In Connecticut employed
children between 14 and 16 years of age mns^ attend evening
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schools (ch. 198); in Iowa (ch. 94) schools between 8 a. m. and
6 p. m. are required for 8 hours per week for children between the
ages of 14 and 16. Children between 14 and 18 who have not
finished an elementary course must attend school during work hours
for 144 hours per year, according to a law of Maine (ch. 205), which
requires that such school shall meet the standard set by the Voca
tional Board.
Other States providing by law for continuation or part-time
schools are Massachusetts (ch. 311), Michigan (No. 421), Missouri
(pp. 681, 693), Montana (ch. 133), Nebraska (ch. 267), Nevada (ch.
85), New Hampshire (ch. 106), New Jersey (ch. 152), New York
(ch. 531), Oklahoma (ch. 235), Oregon (ch. 324), Porto Rico (No.
15), Utah (ch. 92), and Washington (ch. 151). The conditions and
requirements vary in the different jurisdictions, but the provisions
generally require attendance during the ordinary working time and
permit the hours of school to be computed as working time where
there is a statutory limitation. In some cases special provision is
made for adults who are illiterate or who desire to increase their civic
or vocational fitness, while special provision for Americanization
is contemplated in some cases. An act of the Alaska Legislature
(ch. 25) provides for night schools to teach citizenship if 12 students
desire it; while in New Mexico (ch. 142) local authorities are re
quired to furnish instruction if as many as 10 illiterate persons desire
instruction.
The Americanization of aliens is one of the concerns of the depart
ment of public safet}^ created by a law of West Virginia (extra
session, ch. 12).
What has been said suggests the very general acceptance and ap
plication of the provisions of the Federal statute of February 23,
1917, as to vocational education. As noted in previous years, its
acceptance has generally followed the meeting of the legislature
subsequent to the Federal enactment. However, new and amenda
tory acts, or acts making specific provisions for the working of the
law, wTere passed in more than half the jurisdictions whose legis
latures met last year. Only the State and the number of the chapter
or act need be given, as the laws relate only indirectly to the matter
of employment. They are Alabama (No. 92), Arizona (ch. 134),
Arkansas (No. 80), Color, lo (ch. 78), Connecticut (ch. 324), Flor
ida (ch. 7952), Georgia (p. 361), Idaho (ch. 53), Indiana (ch. 132),
Iowa (chs. 81. 337). Michigan (No. 149), Missouri (p. 703). Montana
(ch. 192), Nevada (ch. 86), North Carolina (chs. 119, 230), North
Dakota (ch. 203), Ohio (p. 356), Oregon (ch. 348), South Carolina
(No. 34), South Dakota (ch. 184), Tennessee (chs. 179, 181), Texas
(ch. 114), Utah (ch. 86), and Washington (ch. 160).
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EMPLOYMENT OFFICES.
FREE PUBLIC OFFICES.
The action of the United States in establishing a public employment service throughout the country during the war was followed
by an abrupt termination of these activities during the period of read
justment. An attempt to meet the situation was made in a few States
by appropriating sums to carry on the work to meet the emergency
created by the curtailment of the Federal service. In New York
(ch. 155) $50,000 was appropriated; in Ohio (p. 45) $18,000; in Wis
consin (ch. 144) $22,000; while in Tennessee (ch. 84) the State ap
propriated $7,500, asking that the United States reimburse it, and
also that the localities in which the offices are located make contribu
tions to their support. In New York also (ch. 404) municipal cor
porations were authorized to establish industrial aid bureaus during
the period of war readjustment.
Permanent establishments were contemplated by an Indiana statute
(ch. 192) which created an employment commission of seven members,
representative of employers, employees, and the public, one to be a
woman, whose duties are to establish free employment offices in co
operation with the Federal service and neighboring States. Five
sections are contemplated, one for men, one for women, one for farm
labor, one for soldiers and sailors, which shall cooperate in matters
of vocational education and rehabilitation, and a junior section. The
amount of $38,000 annually is appropriated to carry out the provi
sions of this act. The Wisconsin statute on the subject is amended
(ch. 631) by forbidding the industrial commission to establish any
office in a county unless it contributes at least to the extent of provid
ing satisfactory quarters. Another act (ch. 160) relates to the distri
bution of farm labor and directs county clerks to act where there is
no free employment office; a fee of 25 cents will be charged the em
ployer in such a case.
PRIVATE OFFICES.
Schools that provide employment service are made subject to the
law regulating private employment offices in California (ch. 421),
the public schools being excepted. The license tax required in
Georgia by the act of 1918 is to be paid for each county in which the
agency does business (p. 45). A Montana law (ch. 225) requires an
agency fee of $5 per annum, and a bond of $3,000. A register must
be kept and receipts given. The fee for service may not exceed $3
and must be returned if no place is secured. If workmen are sent
out of the county, a statement of particulars of the offer and agree
ment must be filed with the county treasurer. The Nebraska law on
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the subject is revised (ch. 207), the license fee being fixed at $50
annually and the bond at $2,000. A registration fee of $2 may
be charged, and the fee for service must be stated and agreed upon.
Dividing fees with employers or foremen is a misdemeanor. In
Nevada also (ch. 167) there is a law^ of the same nature with the
customary provision as to registers, receipts, license fee, the giving
of bond, etc. The law directs that agencies shall observe the childlabor laws and that notice of strikes or other labor disputes must be
given applicants for positions, and forbids the dividing of fees.
Similar provisions are found in a new law in Ohio (p. 349), which
also authorizes the industrial commission of the State to fix a schedule
of fees both for registry and for services. If workmen are sent out of
the city and find that there is no job or that there is misrepresentation
otherwise, fees and expenses are to be refunded. Quite a similar
law was passed in South Dakota (ch. 190), though registration fees
are not allowed. A Wyoming statute also (ch. 59) regulates private
agencies, requiring a license with a fee of $25 in cities of 5,000 popu
lation or more, and of $10 in smaller places. The registration fee
may not exceed $1. In Wisconsin (ch. 178), the industrial commis
sion is to determine the reasonableness of fees and make the issuance
of a license contingent thereon. The public need will also be
considered, and licenses will not be granted in localities adequately
provided for, and the existence of State and Federal agencies is to be
taken into consideration.
OTHER PROVISIONS AS TO PLACEMENT.
The industrial upheaval caused by the war and the demobilization
of the armed forces of the country led to the enactment of a number
of laws to meet the resulting conditions. Thus in Arizona (ch. 2)
the issue of bonds for the construction or improvement of public
works was authorized, the act to be immediately effective in order
to reduce unemployment. A senate resolution of the Montana Legis
lature (No. 3, p. 636) asked the counties and cities of the State to
adopt a liberal construction program in order to furnish employ
ment for returned soldiers. An act (ch. 6) and a resolution (As
sembly Con. Ees. 12) of the California Legislature provide, respec
tively, for a committee of nine to supersede the council of national
defense, which is furnished with a $50,000 appropriation for pro
viding aid and employment to returned soldiers, and a legisla
tive commission to study the subject of unemployment. A recon
struction commission was created in Delaware (ch. 66) to have charge
of the work of child welfare, community organization, reconstruc
tion, etc.; $25,000 was appropriated. Similar ends were in con
E M P L O Y M E N T OFFICES.
27
templation in a Georgia law (p. 228) providing for community
service commissions in each congressional district of the State to aid
in reconstruction, find employment for returned soldiers, etc. How
ever, no appropriation was made in this State.
A State employment bureau is created in New Jersey (ch. 5) inde
pendent of its public employment service, charged especially with
the placement of discharged soldiers and sailors. Cooperation with
the Federal Government is authorized. The same authority is
granted to the reconstruction committee of North Carolina (ch. 261),
consisting of the governor and 25 assistants, who are to study the
industrial, commercial, economic, sociological, and military needs
of the State and attempt to secure their coordination and coopera
tion; $500 per year is appropriated for 1919 and 1920. In Wyoming
(ch. 77) designated State officials are to form a reconstruction board
to investigate local needs and opportunities, and cooperate with the
United States in any work Congress may provide for. The Oregon
Legislature proposed an extensive public building program with
provisions based on a bond issue of $5,000,000 (ch. 427). The law
was to become operative on its approval at a special election on June
3, 1919, at which time the measure was by a narrow margin rejected.
A number of States passed laws directing that preference in public
employment be given to veterans or ex-service men. Many of these
laws were amendatory, the change made consisting in extending
existing laws so as to include soldiers and sailors of the European
war. The California act (ch. 654) relates to the labor class in the
civil service; that of Massachusetts (ch. 89) to labor on highways;
another act (ch. 150) gives veterans a preference in municipal civil
service, while a third (ch. 253) relates to employment on public
works generally. Other States directing a preference for veterans
in the employment of labor on public works are Michigan (No. 224),
Minnesota (chs. 14, 192), New Jersey (ch. 125), and Washington
(ch. 26). An act of the Sixty-fifth Congress (No. 299) providing for
the joint construction of post roads directs the preference of honor
ably discharged soldiers in the employment of labor, oth^r condi
tions being equal.
Falling under this head by some extension of the idea, may be noted
an act of the Arizona Legislature (ch. 174) directing the preference
of citizens for employment on public works; one of Nevada (ch. 168)
prohibiting the employment of aliens on such work; and one of
Washington (ch. I l l ) which forbids the employment on public work
of aliens who claimed alienage as ground of exemption in the draft
and secured such exemption thereby. A Colorado law (ch. 98) seeks
to encourage home industry by directing State institutions and official
boards to use State material and products where available.
28
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Legislative desire to secure the return to profitable employment of
discharged service men found expression in other laws, as one of
Illinois (p. 533) asking employers to furnish data with regard to the
reemployment of discharged soldiers and sailors, the director of
labor being authorized to investigate unemployment and aid in the
reemployment of returned soldiers and sailors. A veterans’ welfare
commission is provided for in Washington (ch. 9), with an appropria
tion of $500,000 to furnish employment for veterans, make loans, etc.
The furnishing of homes and farms was contemplated by a number
of acts, usually in cooperation with anticipated Federal action in the
same field. Laws looking to this end were passed in Arizona (ch.
141), Missouri (p. 704), Montana (chs. 105, 201), Nevada (ch. 191),
Oregon (ch. 303), Utah (ch. 106), Washington (ch. 188), Wisconsin
(ch. 596), and Wyoming (ch. 143).
More general consideration to the subject of home ownership has
been given by the Legislature of California, which State has had for
some years a State land settlement board. An amendment of 1919
(ch. 450) looks especially to the needs of ex-service men and author
izes cooperation with the Federal Government. In North Dakota
also (ch. 150), the industrial commission of the State is to provide
for a home building association with extensive powers looking toward
the provision of homes for residents of the State.
BUREAUS OF LABOR.
Numerous amendments were made to the existing laws relative to
bureaus of labor, though but few of them were of prime importance.
Many consist of provisions for increases of salaries and expense al
lowances, to offset the general advance in costs. Taking the States
in order, the California bureau is authorized (ch. 228) to take
assignments of wage claims and prosecute derelict employers for
collection in behalf of their employees. In Connecticut (ch. 296)
and Georgia (p. 278) there were salary increases. The State of
Idaho comes into line with a newly created department of immigra
tion, labor, and statistics (ch. 8), whose duties are to promote the
general welfare of workers, inspect establishments, and enforce laws,
make safety rules, establish standards of construction of buildings,
etc., and in general to enforce all laws and rules looking toward the
protection of the life, health, and safety of employed persons. An
immigrants’ commission is created by an Illinois statute (p. 7), this
commission to be a part of the department of registration and edu
cation in the department of labor. Its duties are to make a survey
of alien-born and foreign-speaking residents of the State with regard
to their distribution, employment, social and economic condition,
etc., and to cooperate with State and local officials and the Federal
Government for their benefit.
BUREAUS OF LABOR.
29
Increases of salary or of expense allowance are made in Iowa (ch.
272) , Kansas (ch. 284), and Maine (ch. 231). The number of mine in
spectors was increased in Kansas. The labor office of Massachusetts
is reorganized (ch. 350) under the provisions of a general reorgani
zation act covering the executive and administrative departments of
the State. Newly created departments are given the names of the
department of industrial accidents and the department of labor
and industries, the first superseding the industrial accident board,
and the second being made up of the existing board of labor and
industry, the board of conciliation and arbitration, the minimum
wage commission, and other agencies less directly connected with
labor. The term of office of the commissioner of labor in Michigan
is extended from two years to four years (No. 35) ; while laws of
Minnesota (chs. 109, 394) provide for the internal organization of
the department of labor and industries and for a general advance
in salaries, respectively. Another act (ch. 110) extends the power
of officials as inspection and enforcement officers.
As in Massachusetts, so in Nebraska there was a general law cover
ing the organization of the executive departments of the State,
including the department of labor, whose constitution and functions
are set forth in the act (ch. 190). The same chapter contains a
codification of existing labor laws, with amendments, the enforce
ment of which is placed in the hands of the department. In Nevada
(ch. 56) there is an increase in the salary and expense allowance, and
the scope of law-enforcement duties is extended. A bureau of women
in industry is created in the Department of Labor of New York (ch.
85), while another act (ch. 546) adopts the title “ industrial commis
sion ” for those of commission of labor and industrial board and
extends mercantile inspection to all cities instead of those of the first
and second class only.
The mode of appointment of the Industrial Commission of Ohio
was changed (p. 58) by requiring appointment to be made by and
with the advice and consent of the Senate, instead of by the governor
alone as formerly. A transfer of the bureau of statistics from the
department of labor and industry to the department of internal
affairs was effected by a Pennsylvania statute (No. 63). Another
act of the same legislature (No. 430) makes the salary of the com
missioner of labor and industry $10,000 per annum. A State board
of labor is created in Rhode Island (ch. 1741), at the head of which
is a commissioner of labor and a deputy, who is to be representative
of labor and is to act as secretary to the board. The board is to com
prise, further, four members—two employers and two employees—
and to hold monthly conferences, and among its duties are the pro
motion of mediation and arbitration. This office supersedes an
earlier organization. Likewise in Tennessee a bureau of Avorkshop
30
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and factory inspection is created (ch. 110), though the incumbent
officials of the superseded organization are to fill out their terms. A
chief inspector and four deputies are to be appointed by the chief
mine inspector of the State, with the approval and consent of the gov
ernor. The State is to be divided into inspection districts and the
powers of the bureau extended to manufacturing, mechanical and
mercantile establishments, and telephone and telegraph offices. The
act contains provisions for safety and sanitation, directs wage investi
gation, etc.
A women’s division is created in the department of labor of Texas
(ch. 106) and salaries are raised and expense allowances increased.
The method of procedure in law enforcement is affected by a law
of Vermont (No. 158), the commissioner of industries being au
thorized to proceed without strict regard to the rules of evidence es
tablished by common or State law or by technical rules of pro
cedure. Salaries of the commissioner of labor and his assistants
are increased by a Washington statute (ch. 62), while the law of
Wyoming (ch. 31) not only provides for such increases, but also en
larges the duties of the commissioner of labor and repeals the pro
visions of the act of 1917, which barred the appointment as commis
sioner of any labor official for six months after acting as such.
Bearing the title used in a number of States, but with different
functions, is the industrial commission created by an act of North
Dakota, which may, however, be noted here (ch. 151). This commis
sion consists of the governor and certain other State officials, whose
duties are to manage, control, and supervise such enterprises as may
be undertaken by the State, to employ and discharge employees, ap
point managers, make rules, fix prices for the purchase and sale of
materials and products, etc. An appropriation of $200,000 is made
for the initial use of this commission.
MOTHERS’ PENSIONS.
As expressed in other bulletins, laws noted under this head are
not strictly labor laws, and are referred to only by reason of the fact
that they have to do with the maintenance of children who would
otherwise be compelled to go to work at an early age. The Arkansas
statute which formerly covered but 40 out of the 75 counties of the
State is now made applicable to 47 counties (No. 489). The monthly
allowance in Delaware (ch. 198) is increased $1 per month, and the
appropriations made and authorized are also enlarged. The legisla
ture of Florida (ch. 7920) and of Hawaii (No. 129) enacted original
laws in this field, that of Florida being applicable to children up to 16
years of age; for one an allowance of $25 per month may be made,
additional children to receive $8 per month. The law of Hawaii
places both the period and the amount of benefits in the discretion of
m
o
t h
e r
s
’
p e n s io
n
s
.
31
the board of child welfare created by the act. In Maine also the pro
vision fixing amounts is stricken out, leaving the sums to be paid to
the discretion of the authorities and advancing the age period
from 14 to 16 years (ch. 17). Minor amendments were made in
Iowa (ch. 107), Minnesota (chs. 328, 333), and Ohio (p. 624). A
tendency to require citizenship on the part of the beneficiaries of the
deceased husband or of widows receiving aid is shown by the
amendments in Montana (ch. 198) and New York (ch. 373). A
new law was enacted in Nebraska (ch. 221) requiring residence in the
county for two years and making an allowance of $10 per month
for each child, but not more than $50 in all.
Existing laws of Pennsylvania are superseded by an act (No.
354) providing for county boards of from five to seven women who
are to be trustees of the mothers’ assistance fund. Benefits may be
paid for children up to 16 years of age at the rate of $20 for the first
child and $10 for additional children. A South Dakota law (ch. 263)
is amended by allowing benefits for children up to 16 years of age in
stead of 14, as formerly. The Tennessee law (ch. 119) cares for
widows, or wives whose husbands are in the penitentiary or asylums,
with children under 15 years of age. The allowance is $10 per month
for the first child and $5 per month for others. Benefits in Utah (ch.
77) are increased to a maximum of $40 per month and the age of
the child on account of whom aid may be given is advanced from
15 to 16 years. Only widows made so by the death of the husband
are included in the act. This contrasts with the action in Washing
ton which strikes out provisions as to widowhood or the condition
of insanity or disability of the husband, leaving payments to be
made according to the economic need (ch. 103). In Wisconsin (ehs.
251, 308) amendments require the mother to be “ without a husband ”
and have a residence in the county for one year.
RETIREMENT FUNDS.
The retirement of public employees after certain periods of service
is a practice of growing acceptance as indicated by laws of several
States. Thus, in California (ch. 373) a contributory system may
be adopted for county employees by a four-fifths vote of the county
supervisors. Employees may be retired after 35 years of service
regardless of age if for the good of the service, or at 60 years
of age after 10 years’ service. Separation ff^m the service is auto
matic at the age of 70 years unless an extension is secured. Contribu
tions are $4 monthly from employees for not 'more than 25 years.
In Connecticut (ch. 210) State employees may be retired after 30
years of service on reaching the age of 65, and it is compulsory at
the age of 70 if they have been 25 years in service. The pension
32
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equals one-half the average pay for the five years preceding retire
ment, all money to come from the State funds. In Maine also (ch.
38) the heads of State institutions or departments may recommend
the retirement of employees after 25 years of service on one-half the
average pay for the last five years. The Massachusetts law as to
municipal employees is amended (ch. 21) by making the basis for
the retirement allowance one-half the wages at the time of retirement
instead of one-half the average wage for the last two years of service.
A rather elaborate system is provided for by a law of Minnesota
(ch. 522) applicable to cities of 50,000 population or above not under
a home-rule charter. The system is contributory, and the age of
retirement is from 60 to 65 years for men and 58 to 63 years for
women. The maximum is paid after 30 years’ service, and 20 years’
service is necessary to secure retirement. Provision is made for
disability retirement, and individual accounts are to be kept. Deduc
tions range from 3 to 8 per cent of the salary, according to the age
at entrance upon the service. The Pennsylvania law (No. 100),
applicable only to counties of from 1,000,000 to 1,500,000 population,
proposes retirement at the age of 50 after 20 years of service on 50
per cent of the salary, but not over $100 per month. Employees
are to make contributions of 1 per cent monthly.
A resolution of the New Jersey Legislature (J. Res. No. 9) pro
vides for a legislative commission to report upon a retirement sys
tem for the employees of the State.
Under this head may be mentioned also the old-age pension system
of Alaska, providing pensions for pioneers (ch. 17). An allowance
of $12.50 monthly for men reaching the age of 65 and $25 monthly
for women reaching the age of 60 may be made after a residence
of 15 years (formerly 10 years).
EMPLOYERS' LIABILITY.
So completely has the principle of workmen’s compensation super
seded that of liability that but a single statute comes up to be noted
under this head. As stated in the introduction, workmen’s com
pensation legislation is treated in a separate bulletin (No. 272).
The liability statute noted here is one of Arizona (ch. 15) which
limits attorney’s fees in cases of recovery of damages by an injured
employee to 25 per cent of the recovery.
ACCIDENTS.
Reports of accidents are required by an act of Minnesota passed
in 1913. This was amended last year (ch. 359) by a provision re
quiring reports to be made only of those accidents of which the em
ployer or his foreman has knowledge and which incapacitate the
ACCIDENTS.
33
injured man for more than the day or shift on which the accident
occurred. In fatal cases the report is to name the dependent or
nearest relative, if any.
Accident insurance is regulated by a law of Connecticut (ch. 331)
making the company directly liable for the loss covered by the
policy whether or not a suit therefor is prosecuted to judgment:'
In Minnesota (ch. 388), employers desiring to make deductions from
the wages of their employees to pay the cost of insurance must
secure a license, renewable yearly, and make annual reports of the
operation of the funds.
VOCATIONAL REHABILITATION.
The movement for the retraining of injured men so as to render
them capable of self-support received great impetus from the con
ditions produced by the war. The Federal statute on the subject
was supplemented by an act of the Sixty-fifth Congress (No. 279)
extending the purposes for which rehabilitation funds may be used
to include the traveling and other expenses of disabled men under
investigation, and also to furnish them supplies, equipment and
clothing, and transportation to their places of employment. An
act of the Sixty-sixth Congress (No. 11) extensively amends the
original law on this subject, and provides vocational training for
all disabled soldiers, sailors, etc., incurring disability in war service.
Pay during the time of rehabilitation is provided for, and $6,000,000
is appropriated to carry on the work.
The Massachusetts Legislature provided (ch. 56) that a commis
sion of investigation should study and report on the subject of the
rehabilitation of disabled soldiers and sailors in the State.
The return to industry of disabled workmen was the subject of a
number of laws passed in 1919. The State of Massachusetts had
made provisions therefor by an act of 1918, and the subject is further
considered in a resolve of 1919 (ch. 43). In California (ch. 183)
a rehabilitation fund is to be built up by contributions of $350 made
by employers of workmen killed by accident, leaving no dependents.
This fund is to be administered by the industrial accident commis
sion of the State, which is furnished an initial revolving fund of
$5,000. This act is of industrial application, while another law of
the same State (ch. 418) made an appropriation for the rehabilita
tion of persons rejected for military or naval service.
Other States passing laws for the retraining of injured workers
are Minnesota (ch. 365), Oregon (ch. 435), Pennsylvania (No. 418),
and Rhode Island (ch. 1737). In Illinois (p. 534), Nevada (ch.
182), and New Jersey (ch. 74) the laws are of wider scope, and re17570—21------3
34
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late to the rehabilitation of physically handicapped persons even
though not injured in industrial employment. Cooperation with
the Federal Government is contemplated in some of the acts, that of
Nevada being entirely dependent upon initial action by the United
States. This provision, in fact, anticipated Federal action, since
no law providing for industrial or general rehabilitation was en
acted by Congress until May, 1920. The laws under consideration
vary considerably in detail but provide for a wide range of discre
tion in the administering bodies, whether especially created for the
work or already existing as industrial commissions, etc. Coopera
tion with existing institutions and the creation of such as may be
found needed are provided for, and appropriations ranging from
$5,000 to $500,000 are made.
LABOR ORGANIZATIONS AND LABOR DISPUTES.
The Connecticut law as to boycotting and intimidation is the sub
ject of an act (ch. 255) directing the attorney general to submit a
bill for amending the law on this subject.
Labor organizations are exempt from the operations of a State anti
trust law by an act of the Iowa Legislature (ch. 213), also by a
Virginia statute (ch. 54), and one of Wisconsin (ch. 211). The
issue of injunctions was restricted in cases of labor disputes by laws
of North Dakota (ch. 171), Oregon (ch. 346), Washington (ch.
185), and Wisconsin (ch. 211). Strikes and picketing are legalized,
and the laws of Oregon, Washington, and Wisconsin also contain a
declaration that human labor is not a commodity. In contrast with
the foregoing is an act of the special session of the Utah Legislature
(ch. 19) making picketing a misdemeanor, whether peaceable or not.
The Legislature of South Dakota (ch. 348) amended the State
law protecting trade-marks of trade-unions; while an act of North
Dakota (ch. 173) requires the placing of the union label on State
printing.
Under this head may be mentioned an act of the special session
of the North Dakota Legislature (ch. 43) giving to the governor
extraordinary powers in regard to the operation of coal mines in the
State in case of emergency due to strikes.
Mediation and conciliation are provided for by State boards in
Oregon (ch. 178) and Wisconsin (ch. 530), and by an insular com
mission in Porto Rico (No. 36). The law of Nebraska on this sub
ject is amended (ch. 161), as is the law of South Carolina (No. 87).
In West Virginia (extra session, ch. 12) a department of public safety
is provided for, whose duties are in part to seek to promote harmony
between employers and employees.
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35
SYNDICALISM AND SABOTAGE.
Laws under this head are of recent origin, the first having been
enacted in 1917. Five States and the Federal Government took action
on this line in 1918, while in 1919 the subject was considered in 16
jurisdictions, amending laws being passed in one of these, the others
being new. There is quite a general similarity in the acts, syndical
ism being defined as a doctrine advocating the commission of acts
of violence, terrorism, and crime to effect political and industrial
changes; and sabotage is the doing of physical damage or injury to
physical property for like purposes. Not only is assemblage for the
teaching of the doctrine penalized, but the opening of halls and the
permitting of assemblages is likewise punished in many of the laws.
Acts of this nature were passed in Alaska (ch. 6), California
(ch. 188), Hawaii (No. 186), Indiana (ch. 125), Iowa (ch. 382),
Michigan (No. 255), Nebraska (ch. 261), Nevada (ch. 22), Ohio
(p. 189), Oklahoma (ch. 70), Oregon (ch. 12), Utah (ch. 127),
Washington (chs. 173, 174), West Virginia (ch. 24), and Wyoming
(ch. 76). An amendment to the existing law was also passed in
Idaho (ch. 136). In New Mexico (ch. 140) employers hiring
anarchists are guilty of a misdemeanor.
STATE POLICE.
The subject of the creation of a State constabulary or police force
is so closely associated in the thought of certain writers on labor
questions with the matter of strikes that a list of the States creating
such a force last year may be of interest. They are Idaho (ch. 103),
Michigan (No. 26), and Texas (ch. 144). An amending act was also
passed in New Mexico (ch. 94) $nd a new measure superseding the
existing law in Pennsylvania (No. 179).
COOPERATIVE ASSOCIATIONS.
Production and distribution by means of cooperative societies re
ceived legislative attention in new and amendatory acts in several
States. ]New laws on this subject were passed in Nebraska (ch. 197)
and Oklahoma (ch. 147); while amendments were adopted in Con
necticut (ch. 96), Minnesota (chs. 82, 382), Oregon (ch. 325), South
Dakota (ch. 140), and Wisconsin (ch. 371). The acts fix the number
of persons necessary to incorporate, limit the amount of stock that
may be held by one person, and usually permit but one vote to each
stockholder, without reference to the amount of stock held.
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CIVIL RIGHTS OF EMPLOYEES.
The only acts to be noted under this head are those that permit
voters necessarily absent from home to vote by mail on compliance
with certain prescribed formalities. Such laws were passed in 1919
in Alabama (No. 75), Tennessee (registration only, ch. 71), Utah
(ch. 42), and Vermont (No. 7). The Arkansas law on the subject
was amended (No. 403), as were those of Indiana (Nos. 156, 170),
and North Dakota (ch. 32). The Kansas law (ch. 189) is limited to
persons in the employ of the United States or in military or naval
service.
CONVICT LABOR.
•
Employment of convicts received attention in Connecticut (ch.
341), the law providing for work on highways and bridges; in Flor
ida (ch. 7809), a State convict road force being created; in Indiana,
(ch. 53) for work on highways, and (ch. 60) for planting of trees, the
development of lands, etc., by the department of conservation; in Mas
sachusetts (ch. 45), in which the purchase of the products of con
vict labor, by cities, etc., is authorized; in Montana (extra session,
ch. 2), employment by the State highway commission; in Nevada (ch.
160), directing a new prison to be built by convicts with stone quar
ried by them; in New York (ch. 635), appropriating $25,000 for toois
and equipment for road work to be done under the direction of the
superintendent of State prisons; in Tennessee (chs. 53, 60, 64, 102),
authorizing the employment of convicts in logging State land, in
mining coal thereon, for labor on highways, and to clean and keep
in order the capitof grounds; in Virginia (extra session, ch. 73),
employment on highways; and in Wisconsin (chs. 348, 350) relating
to the payment of convicts for work and to their employment on
penitentiary buildings.
More general laws were passed in Florida (ch. 7833), relating to
the care, maintenance, and employment of convicts, and limiting the
hours of labor to 11 per day and 60 per week; in Kansas (chs. 63,
64), where work* for private citizens outside of the penitentiary is
forbidden except on public highways, and the continuation of manu
facturing binding twine is provided for; in North Carolina (ch. 80),
where general provision is made for the work of convicts, providing
for their hiring out, the management of camps, etc.; and in Tennessee
(ch. 40), in which provision is made for manufacturing articles
to be sold, the purpose being to provide employment for convicts who
can be worked only in the penitentiary. Competition with free
labor is to be avoided as far as possible, and discipline and control
are to be in the hands of the prison officials.
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37
INVESTIGATIVE COMMISSIONS.
Besides the commissions noted above under a few headings may
be noted one in Massachusetts (ch. 341), whose duty it is to study the
conditions that influence the production of the necessaries of life,
with a view to the reduction of cost; and one in Michigan (No. 281),
entitled “ commission on industrial relations,” and made up of rep
resentatives of employers and workers, two of each, and a repre
sentative of the public. These are appointed by the governor and
are to study the subjects of unemployment, housing, health and
safety of workers, stabilizing of employment, the labor of women
and children, vocational education, hours of labor, old-age pensions,
and industrial welfare generally. No salaries are to be paid this
commission, but $10,000 is appropriated for their expenses. A Mich
igan law (extra session, ch. 47) authorizes the commissioner of agri:
culture to investigate costs of living, attention to be directed to food,
clothing, shoes, building materials, tools and implements, automobile
repairs, fuel, farm machinery, etc. Mention may be made under this
head of an act of the Maine Legislature (special session, ch. 256)
penalizing profiteering in rents and the necessities of life, and au
thorizing the attorney general of the State to make investigations
and prosecute or inform officials of the United States.
LAWS OF VARIOUS STATES RELATING TO LABOR
ENACTED SINCE JANUARY 1, 1919.
ALABAMA.
ACTS OF 1919.
A
ct
No. 457 .^-Child tvelfare department.
S e c t io n 1. There is hereby established for the State of Alabama Department esa child welfare department, to be located in the State capitol, w ithtabhshedthe several powers, functions, and duties hereinafter prescribed.
S e c . 2. The said department shall have the power and it shall be
Duties,
its duty ( 1 ) to devise the plans and means for and have general
oversight over the welfare work for minor children in the State.
* * * (7) To enforce all laws regulating the employment of
minor children, with full power of visitation and inspection of all
factories, industries, and other establishments in which children
may be employed, permitted or suffered to work, the duties, power
and authority, with reference to the child labor law, heretofore or
hereafter imposed upon the State prison inspector, being hereby
transferred to and imposed upon the child welfare department
herein created.. * * * (10) To cooperate with the State depart
ment of education, the State board of health, all State, county, and
municipal, benevolent and religious, educational and correctional
institutions, and to solicit the aid and to coordinate the activities
of all private and volunteer social, labor, and welfare organizations
Oil all subjects affecting the health, education, morals and general
welfare of minor children. * * *
S e c . 3. (1) The child welfare department shall be under the con- Organization,
trol of a commi^ion consisting of the governor, the State superin
tendent of education, the State health officer, ex-officio, and six per
sons to be appointed by the governor whose terms of office begin
n in g from the date of their appointment shall be respectively, two
for two years, two for four years, and two for six years, the said
terms of office to be designated to each appointee by the governor
in making the appointment. All succeeding appointees shall be
appointed by the governor and shall hold office for a term of six
years and until their successors are appointed and qualified.
(2) The said commission shall within sixty days after the ap
proval of this act, and at the call of the governor, meet at the
State capitol and proceed to organize the said department. It
shall hold at the State capitol at least one regular meeting during
each year, and as many special meetings as may be necessary.
At such meetings five members shall constitute a quorum. The
governor shall be the presiding officer, but in case of his absence,
the commission shall have authority to elect a temporary pre
siding officer. If there be no director as hereinafter provided for
the commission may elect a secretary pro tempore. (3) The
director hereinafter provided for shall be the secretary of the
commission. (4) The members of the commission shall receive
no compensation for their services other than the amount of their
traveling and other expenses, actually paid out while in attendance
on the meetings of the commission, or on the business of the de
partment. (5) The commission is empowered to adopt rules for
its own government, and for the government of the department;
to elect a director and to provide for the selection or appointment
of other officials or employees as may be necessary and to fix their
•onipensation; to have general cbntrol of the performance of every
duty and the execution of the several powers herein conferred
LABOR LEGISLATION OF 1919.
40
upon the department; to control and direct the expenditure of al)
appropriations which may be made for the maintenance of the
department; and to do and perform such other acts and things as
may be necessary to carry out the true intent and purposes of
this act.
Director.
S e c . 4 . ( 1 ) The department shall be under the immediate man
agement and control of a director, to be elected by the commission,
whose term of office shall be six years and until his successor
is elected and qualified. The commission shall have authority to
discharge at any time the director at its pleasure.
(2) The
director shall take oath of office, as other public officials, shall
be commissioned in like manner, shall devote his entire time to
the work of the department, and shall receive for his services
the sum of three thousand dollars per* annum, payable monthly
as other State officials are paid. (3) The director shall have full
control and direction of the work and operations of the depart
ment, and he shall use his best endeavors to develop and carry
forward the various activities herein provided.
Court reports.
S e c . 5. It is hereby made the duty of the probate and juvenile
court judges to make, on or before the tenth day of each month,
a report to the child welfare department on the work o f juvenile
courts administered by them, and all apprenticeships smd adop
tions in their several counties,
office.
S e c . 8 . The child welfare department shall occupy rooms or
apartments in the State capitol to be set aside for its use by the
governor; its furnishings and equipment shall be supplied from
the capitol repair and improvement fund as other State offices,
its stationery, office supplies and materials and postage shall be
supplied from the stationery and office supplies and postage funds,
and the printing and binding of its reports, bulletins, circulars,
blank forms, and other printing as may be required shall be
paid from the State printing fund.
Appropriation.
S e c . 9 . For the maintenance of the department, including* the
payment of salaries and all expenses not provided for under the
special provisions herein provided, the sum of twelve thousand
four hundred- ($12,400) dollars is hereby appropriated, and a
continuing annual appropriation of said sum isjiereby made.
Approved September 25, 1919.
A
ct
N o.
629.—Employment of children— General provisions.
S e c t io n 1. No child under fourteen years of age shall be em
ployed, permitted, or suffered to work in any gainful occupation,
except agriculture or domestic service: Provided, however, That
boys twelve years of age or over may be employed in business
offices and mercantile establishments, except soft drink and ice
cream establishments, restaurants or cafes, during the summer
vacation when the public schools in the city or town in which
the child resides are not in session, if the child secures and files
with employer a special permit or certificate as hereinafter pre
scribed: And provided further, That boys twelve years of age or
over may be employed in the distribution and sale of newspapers
and other printed matter as provided for in section 13 of this act.
Hours of labor.
S e c . 2. No child under sixteen years of age shall be employed,
permitted, or suffered to work in any gainful occupation, except
agriculture or domestic service, for more than six days in any
one week, or more than forty-eight hours in any one week or
more than eight hours in any one day, or before the hour of six
o’clock in the morning, or after the hour of seven o’clock in the
evening. The presence of any child under sixteen years of age
in any mill, factory, or workshop, laundry, or mechanical estab
lishment shall be prima facie evidence of its employment therein.
ostedrS t0 bG ^EC*
shall be the duty of every employer to post and
s ‘
keep posted in a conspicuous place in every room where any
child under the age of sixteen years is employed, permitted, or
suffered to work, a printed notice stating the maximum number
Age limit.
TEXT OF LAW S---- ALABAM A.
41
o f hours such persons may be required or be permitted to work
on each day of the week, the hours of commencing and stopping
work, and the hours allowed for dinner or other meals. The
printed form of such notice shall be furnished by the inspector
hereinafter named, and the employment of any minor for a longer
time in any day so stated, or at any time other than as stated in
such printed form of notice, shall be deemed a violation of the
provisions of this act.
Sec. 4. No person under the age of eighteen years shall b e . Messenger servemployed, permitted, or suffered to work as a messenger for any106*
person, firm, or corporation engaged in the business of telegraph,
telephone, or messenger service, in the distribution, transmission,
or delivery o f goods or messages after the hour of ten o’clock
in the evening, or before the hour of six o’clock in the morning
of any d a y; and no person under twenty-one years of age shall
be employed in any establishment where intoxicating liquors are
manufactured or sold nor to work in any pool or billiard room Pool rooms, etc.
or place.
Sec. 5. No child under the age of sixteen years shall be em- Dangerous ocployed, permitted, or suffered to work at any o f the follow ingcupa lons*
occupations or in any of the following positions: (1) Operating
or assisting in operating any of the following machines: (a)
circular or band saws; (b) wood shapers; (c) wood jointers;
(d) planers; (e) sand paper or wood polishing machinery; (f)
wood turning or boring machinery; (g) machines used in pick
ing wTool, cotton, hair, or any other material; (h) jod or cylinder
printing presses; (i) boring or drilling presses; (j) stamping
machines used in sheet metal or tinware, or in paper or leather
manufacturing, or in washer or nut factories; (k) metal or
paper-cutting machines; ( 1) corner-staying machines; (m ) steam
boilers; (n) dough brakes or cracker machinery of any descrip
tion; (o) wire or iron straightening or drawing machinery; (p)
rolling mill machinery; (q) power punches or shears; (r).w a sh
ing, grinding, or mixing machinery; (s) laundrying machinery;
(t) nor engage in any work in or about a rolling mill, machine
shop or manufacturing establishment which is hazardous, or
dangerous to health, limb, or life, ( 2 ) or in proximity to aiiy
hazardous or unguarded gearing; ( 3 ) or upon any railroad,
whether steam, electric, or hydraulic; (4) or upon any vessel
or boat engaged in navigation or commerce within the jurisdiction
of this State.
S e c . 6 . No child under the age of sixteen years shall be
Same,
employed, permitted, or suffered to work in any capacity: ( 1 )
In, about, or in connection with any processes in which dangerous
or poisonous acids are used; ( 2 ) nor in the manufacture or pack
ing of paints, colors, white or red lead; (3) nor in soldering;
(4) nor in occupations causing dust in injurious quantities; (5)
nor in the manufacture or use of poisonous dyes; ( 6 ) nor in the
manufacture or preparation of compositions with dangerous or
poisonous gases; (7) nor in the manufacture or use of compo
sitions of lye in which the quantity there is injurious to health;
( 8 ) nor on scaffolding; (9) nor in heavy work in the building
trades: ( 10 ) nor in any tunnel or excavation; ( 11 ) nor in, about,
or in connection with any mine, coke breaker, coke oven, or
quarry ; ( 12 ) nor in assorting, manufacturing, or packing tobacco;
(13) nor to operate any automobile, motor car or truck; (14)
nor to work in any bowling alley; (15) nor shall any child under
the age of sixteen years be employed upon the stage of any theater
or concert hall, or in connection with any theatrical performance
or other exhibition or show, except that children fourteen years
of age may be employed as ushers in thea’ters or concert halls
in accordance with the provisions of sections 2 and 7 of this a c t;
(16) nor in any place or occupation which the State board of
health may declare dangerous to life or limb or injurious to the
health or morals of children under, sixteen years of age. The State
board of health shall have authority to declare any place or occu-
42
LABOR LEGISLATION OF 1919.
pation dangerous to life or limb or injurious to health or morals of
children under sixteen years of age.
Erfiplt°ym*nt ^EC*
^e unlawful for any firm, person, or corporation
cer 1 cates.
to empi0y} permit, or suffer any child under sixteen years of age
to work in any gainful occupation, except agriculture or domestic
service, unless such person, firm, or corporation keeps on file
for the inspection of the officials charged with the enforcement
of this act an employment certificate, as hereinafter provided,
for every such child, and unless such person, firm, or corporation
keeps on file for the inspection of the officials charged with the
enforcement of this act, a complete list of all such children em
ployed therein. The inspector charged with the enforcement of
this act may make demand on any employer in whose establish
ment a child, apparently under sixteen years of age, is employed
or permitted or suffered to work, and whose employment certifi
cate is not filed as required by this act, that such employer shall
furnish such official evidence satisfactory to him that such child
is in fact sixteen years of age or over, or shall cease to employ
or permit or suffer such child to work therein. Such official may
require from such employer the same evidence of age of such
child as is required for the issuance of any employment certificate,
and the employer furnishing such evidence shall not be required
to furnish any further evidence of age of the child. In any case
[wherel such employer shall fail to produce and deliver to such
official such evidence of age thereby required of him, and thereafter
continue to employ such child or permit or suffer such child to
work in such establishment, proof of the failure to produce and file
such evidence shall [be] prima facie evidence in prosecution that
such child is under sixteen years of age, and unlawfully employed.
Any official charged with the enforcement of this act may cancel
any employment certificate found to be illegally or improperly
issued. When any such employment certificate is canceled, the
employer of the child for whom the employment certificate is
issued shall be notified. It shall be unlawful to employ any such
child after notice that the certificate for such child has been can
celed : Provided, That such child may be employed after a new
employment certificate, regularly issued as provided for by law,
shall have been granted to him.
Work d u r i n g
gEC> 8 . No child under fourteen years of age shall be employed,
school hours.
permitted, or suffered to work in any employment or service during
the hours when the public schools of the district in which the child
resides is in session.
wh° to issue gEC 9 , jt shall be the duty of the superintendent or principal
cer 1 ca es.
sc j100]s j n cities or towns to issue employment certificates or
to authorize a person in writing to issue such certificate acting
in his name. When there is no superintendent or principal of
schools, said certificates shall be issued by the county superin
tendent of education or by a person authorized by him in writing.
Such certiicates shall be issued in duplicate, and a copy of each
certificate issued during the month preceding, shall be transmitted
to the State inspector, together with the report as hereinafter
provided for.
Evidence.
gEC iq The person authorized to issue employment certificates
shall not issue such certificates unless the child accompanied by
his parent or guardian, or person standing in parental relation
thereto, has personally made application to him therefor, and
until he has received, examined, approved, and filed the follow
ing papers duly executed: (1) A written statement of the person,
firm, or corporation into whose service the child is about to enter
that he intends to employ the child, which statement shall give
the nature of the occupation for which the child is to be employed;
( 2 ) a school record signed by the principal or the teacher of the
school last attenekad by said child stating that such child has
completed the elementary course of study of the fourth grade of
the public school or its equivalent, or has attended school at least
120 days of the year immediately preceding the date on which
the certificate is issued. On and after September 1 , 1921, a school
TEXT OF LAWS— ALABAMA.
43
record showing the completion of the 4th grade or its equivalent,
only shall be accepted; said certificate shall state the age and
date of birth of said child, as shown on the records of the school,
and the name and address of the parent, guardian, or custodian:
Provided, That such evidence of school attendance outside of the
State of Alabama may be accepted at the discretion of the officer
issuing the certificate; in case such school record can not be ob
tained, then the officer issuing the employment certificate shall
examine such child to determine whether he can meet the educa
tional standard specified and shall file in his office a statement
setting forth the result of such examination; (3) one of the fol
lowing evidences of age, showing the child to be fourteen years
of age or over, to be required in the order herein designated: ( a )
Duly attested transcript of the birth record of said child, filed
according to law, with any officer charged with the duty of
recording births; (b) or a duly attested transcript of certificate
of baptism showing the date of birth and a place of baptism of
such child; (c) or a life insurance policy which must have been
in force for at least one year; (d) or a bona fide contemporary
Bible record of birth; (e) or a passport or certificate of arrival
in the United States showing the age of the child; (f) or in case
the officer authorized to issue such certificate is satisfied that
none of the above proofs of age can be produced, other evidence of
the age, as an affidavit of age sworn to by the parent, guardian,
or custodian of such child, accompanied by a certificate of physical
age of such child, signed by a public health or public school
physician: Provided, That a school record or parent’s, guardian’s .J J y sical examor custodian’s affidavit, certificate, or other written statement o i 1 lon*
age alone shall not be accepted; (4) a statement duly dated and
signed by a public school physician, or by a regularly licensed
physician in good standing in the community where he resides,
showing that he has personally examined such child, and that in
his opinion the child is fourteen years of age or over, is of good
physical development for a child of his age, is of sound health,
and is physically qualified to perform the work at which he is to
be employed: Provided, That the officer issuing employment cer
tificates shall have authority and is hereby empowered to issue
a vacation employment certificate to children fourteen years of
age and over without requiring a statement that the child has
completed the fourth grade of the elementary course of study, or vacation perits equivalent, as hereinbefore provided: Provided further, T hatmitsthe officer issuing employment certificates shall have authority
and is hereby empowered to issue a special employment certificate
to any boy twelve years of age or over to work in business offices
and mercantile establishments, except soft drink and ice cream
establishments, restaurants- or caf 6s, during the summer vacation
when the public schools in the city or town in which the child
resides are not in session, without requiring that the child has
completed any grade. Such vacation and special employment cer
tificates shall be different in form and color from the regular
employment certificate and shall be valid only during the time
when the public school in the city or town in which.the child
resides is not in session. Every vacation and special employment
certificate shall become null and void on the date the public
schools open for the regular session. The superintendent of
schools in any city, town, or district, wherever there is one, and
where there is none, the county superintendent of education, shall M h]
between the first and tenth day of each month transmit to the ports?n 7 r e "
office of the State prison inspector hereinafter mentioned, or the
director of the child welfare department when the same shall have
been established a report, which report shall give the name of each
child to whom certificate has been granted or denied during the
preceding month, together with the ground for such denial. A
refusal or failure to transmit such report by any person charged
under this section with the duty of transmitting the same to such
State official shall constitute a misdemeanor punishable by a fine
of not less than five dollars nor more than twenty-five dollars.
44
Certificate.
lle tu n i.
Street trades.
LABOR LEGISLATION OF 1919.
S e c . 11. The employment certificate shall state the full name,
place, and date of birth of such child with the name and address
of the parent, guardian, or person sustaining the parental relation
ship to such child, and shall contain a statement signed by the
issuing officer that the child has personally appeared before him
and that satisfactory evidence has been submitted that such child
is fourteen years of age or over. The printed form of the cer
tificate and the other papers required in the issuing of the em
ployment certificate shall be drafted by the State inspector here
inafter mentioned and furnished by him to the local and county
superintendents of education.
S e c . 12. On the termination of the employment of a child under
the age of sixteen years, the employment certificate shall be re
turned by the employer holding the same to the school authority
by whom it was issued within ten days after the termination of
the employment. Every employment certificate so returned shall
be-canceled by the officer who issued the certificate and transmitted
to the State inspector with the next succeeding monthly report as
hereinbefore provided for.
S ec . 13. No boy under twelve years of age and no girl under
eighteen years of age shall distribute, sell, expose, or offer for
sale, newspapers, magazines, periodicals, handbills, or circulars,
or be employed or permitted or suffered to work in any other
trade or occupation performed in any street or public place:
Provided, however, That boys ten years of age or over may engage
in the distribution of newspapers and periodicals on fixed routes in
the resident districts of towns or cities: And provided further, That
boys twelve years of age or over may engage in the occupation of
bootblacks. No boy under sixteen years of age shall engage in any
such street occupation above mentioned after eight o’clock at
night or before five o’clock in the morning of any d a y ; and unless
he has secured and wears in plain sight a badge as herein pro
vided. Such badges shall be issued by the superintendent of
schools, or some person designated by him in writing, and shall be
granted only after the child has applied to him personally accom
panied by his parent, guardian, or custodian, and has submitted
satisfactory proof that he is twelve years of age or over, or if
engaged only in distributing papers or periodicals on fixed routes
in the resident districts, ten years of age or over, and is a regular
attendant of a school. Such badge shall be renewed annually on
the first day of January and shall not be transferable, and the
form, design, or color shall be changed annually. A deposit of
not more than fifty cents may be required by the person issuing
the badge to be returned upon the surrender of the same, and if
lost the badge may be replaced upon the payment of twenty-five
cents. Such badges shall be provided by the State inspector
and paid for out of any moneys in the State treasury not otherwise
appropriated and shall be distributed by said inspector to the
superintendent of schools on or before January the first of each
year. Any child who shall engage in any such street occupations
in violation of the provisions of this section shall be deemed
delinquent and brought before any court or magistrate having
jurisdiction over juvenile delinquents and shall be dealt with
according to law. The official charged with the enforcement of
this act shall have authority and is hereby empowered to investi
gate each case where he believes that the child holding a badge
is not entitled to its possession, and if he is satisfied from the
evidence obtained that the child has secured the badge through
misrepresentation or fraud, such official shall have authority to
revoke the badge and return it to the official who issued it. Use
of a badge shall b£ revoked or suspended in case the child’s school
record is not satisfactory to the principal of the school which he
attends, by either the officer who issued the badge or by any
official charged with the enforcement of this act. Any person who
sells or offers for sale, any article of any description to a boy
under sixteen years of age to be used for the purpose of sale
or barter upon the streets or in any public place, shall first ascer-
TEXT OF LAWS— ALABAMA.
45
tain that such boy wears his own badge in plain sight as herein
provided, and if said boy has no badge, no article shall be sold to
him. Any person violating this provision shall be fined not less
than one and not more than fifty dollars. Police officers, and
other peace officer, and truant officers shall enforce the provisions
of this section.
S e c . 14. It shall be the duty of the State prison inspector or Enforcement,
the director of the child welfare department when the same shall
have been established and his authorized assistants to inspect as
frequently as possible all establishments wherein minors subject
to the provisions of this act, are, or may be employed or permitted
to work and to enforce the provisions of this act. For the purpose
o f administering this act, and any other laws relating to the
employment of minors, the State prison inspector or the director
o f the child welfare department when the same shall have been
established may be designated the State child labor inspector
and his deputies inspectors may, in the performance of their
duties in enforcing the provisions of this act, be known as deputy
child labor inspectors. It shall be the duty of the inspector to
institute prosecution for the violation of any of the provisions
of this act. It shall be the duty of every school attendance officer
and probation officer to report to the State child labor inspector
any and all violations of this act coming to his knowledge. Such
school attendance officer and probation officers shall have the same
right of access to establishments where minors are or may be
employed or detained and of inspection of such establishments as
is given by law to child labor inspectors: Provided, That a report
o f every such entry and inspection of said establishments shall be
made to the State child labor inspector. Such school attendance
officers and probation officers, when authorized by the State child
inspector, shall have the same authority to institute prosecutions
as is given by law to the State child labor inspector or deputy
child labor inspector.
S e c . 15. Every person, firm, or corporation, owning or controlling Sanitary proviany establishment wherein minors are employed, subject to thesions*
provisions of this act, shall keep such establishment in a sanitary
condition, and properly ventilated, and shall provide suitable
and convenient water-closets or privies, separate for each sex, and
in such number and located in such place or places, as may be
required by the inspector; and when twenty or more persons are
employed, sanitary drinking fountains shall be provided in such
number as the inspector may deem necessary. All water-closets
shall be obtained inside such establishments except, where in the
opinion of the inspector, it is impracticable. In all such estab
lishments there shall be separate water-closets or privy compart
ments for females, to be used by them exclusively, and notice to
that effect shall be painted on the outside of such compartments.
The entrance to every water-closet or privy in such establishment
shall be effectively screened by a petition [partition] or vestibule.
In every such establishment a printed copy of this act shall be
kept conspicuously posted in every room in which minor persons
work. It shall be the duty of every inspector to inspect thoroughly
every such establishment, to issue a written order for the correc
tion of insanitary or unhealthful conditions in such establishments,
and to compel compliance with such orders as herein provided.
S e c . 16. The inspector shall have free access at any time to any inspection,
establishment where minors are, or may be employed or detained,
and any person who refuses to allow the inspector to have free
access to any such establishments and every part thereof, or who
hinders or obstructs him in his inspection, or who makes any
false statement to the inspector about the establishment, its op
eration, or condition, or about any person working or detained
therein, or who refuses to comply with any order issued under
authority of section 15 of this act shall be guilty of a misde
meanor and shall be fined not less than fifty nor more than one
hundred dollars, and on subsequent conviction shall be fined not
less than two hundred dollars. It shall be the duty of the inspector
LABOR LEGISLATION OF 1919.
46
what children
removed.
violations.
False affidavits.
Expenses.
inspectors.
Repeal.
Provisions
erabie.
to remove from any establishment any child found employed,
working, or detained therein contrary to the law, and to remove
therefrom any child who is afflicted with any infectious, con
tagious, or communicable disease, or whose physical condition is
such that it makes it hazardous to a child to prosecute such work.
S e c . 17. Any person, firm, or corporation who violates any of the
provisions of this act, or who permits any child to be employed
or to work in or about or be detained in, or be in or about any
establishment contrary to law, or who fails or refuses to obey
within a reasonable time any lawful orders or directions given
by the State o/ficials charged with the enforcement of this act,
and any parent, guardian, or custodian, under whose care or con
trol a child under sixteen years of age is, who suffers or permits
such child to work in violation of any of the provisions of this
act unless a special penalty is herein otherwise provided, shall
be deemed guilty of a misdemeanor, and on conviction shall be
punished by a fine of not less than ten dollars nor more than one
hundred dollars, and upon second or subsequent conviction of
any violation of any of the provisions of this act, shall be pun
ished by a fine of not less than one hundred dollars nor more than
five hundred dollars.
Sec. 18. Any person who makes a false affidavit when an
affidavit is required under this act is guilty of a misdemeanor
and shall upon conviction be punished by a fine of not less than
five dollars nor more than twenty dollars, and for a second or
subsequent conviction shall be imprisoned not more than ninety
days. .
s Ec. 19. The State prison inspector or the director of the
child welfare department when the same shall have been estab
lished, and his deputies, when traveling in the performance of
their duties herein prescribed, shall be reimbursed [for] their
actual traveling expenses, when approved by the State child’ labor
inspector and by the governor, to be paid on the warrant of the
State auditor.
S e c . 20. The word “ inspector ” is used herein to designate or
mean the State prison inspector or the director of the childwelfare department, when the same shall have been established,
or his duly authorized deputies, such deputies being hereby
clothed with the same duties and authority with which the State
prison inspector or director of the child-welfare department,
when the same shall have been established, is now or may here
after be clothed. In the enforcement of the provisions of this
act the State prison inspector or director of the child-welfare
department, when the same shall have been established, and his
authorized deputies are hereby vested with the same authority as
deputy sheriffs in each and every county in the State.
S e c . 21. All laws and parts of laws in conflict with this act are
hereby repealed.
sev- S e c . 22. If any section of this act shall be held unconstitutional, in whole or in pa«*t, the fact shall not affect any other sec
tion of this act, it being the intention of the legislature in enact
ing this act to enact each section separately.
Approved September 80, 1919.
ALASKA.
ACTS OF 1919.
C h a p t e r 6 .—
Sabotage— Criminal syndicalism.
1. Criminal syndicalism
the doctrine which advocates Definition,
crime, sabotage, violence, or other unlawful methods of terrorism
as a means of accomplishing industrial or political reform or
which* advocates the overthrow, by force or violence, the Govern
ment of the United States or of the Territory of Alaska. The
advocacy of such doctrine, whether by word of mouth or writing,
is a felony punishable as in this act otherwise provided.
S e c . 2. Any person who:
(1) By word of mouth or writing, advocates or teaches the 0ffenses*
duty, necessity, or propriety of crime, sabotage, violence, or other
unlawful methods of terrorism as a ‘means of accomplishing in
dustrial or political reform ; or
(2) Prints, publishes, edits, issues, or knowingly circulates,
sells, distributes, or publicly displays any book, paper, document,
or written matter in any form, containing or advocating, advising
or teaching the doctrine that industrial or political reform should
be brought about by crime, sabotage, violence or other unlawful
methods of terrorism; or
(3) Openly, willfully and deliberately justifies, by word of
mouth or writing, the commission or the attempt to commit crime,
sabotage, violence, or other unlawful methods of terrorism with
intent to exemplify, spread or advocate the propriety of the
doctrines of criminal syndicalism; or
44) Knowingly and willfully organizes or helps to organize, or
becomes a member of or voluntarily assembles with any society,
group or assemblage of persons formed to teach or advocate the
doctrines of criminal syndicalism is guilty of a felony and pun
ishable by imprisonment in the penitentiary for not more than
ten years ( 10 ) or by fine of not more than five thousand dollars
($5,000), or both.
S e c . 3. Whenever two or more persons assemble for the purpose Penalty,
of advocating or teaching the doctrines of criminal syndicalism
as defined in this act, such an assemblage is unlawful and every
person willfully, knowingly, and voluntarily participating therein
by his presence, aid or instigation is guilty of a felony and pun
ishable by imprisonment in the Federal penitentiary for not more
than ten years ( 1 0 ) or by fine of not more than five thousand
dollars ($5,000), or both.
S e c . 4. The owner, agent, superintendent, janitor, caretaker or
Permitting
occupant of any place, building, or room, who willfully and know-semblage*
ingly permits therein any assemblage of persons prohibited by
the provisions of section 3 of this act, or who, after notification
by the United States marshal or his deputy or the police authori
ties that the premises are so used, permits such use to be continued,
is guilty of a misdemeanor and punishable by imprisonment in
the Federal jail for not more than one year or by a fine of not more
than five hundred dollars ($500), or both.
Approved April 18, 1919.
S e c t io n
C hapter
29.—Liability of employers for taxes.
S e c t io n 8 . It shall be the duty of the school tax collector to
To
demand, and it shall be the duty of every person, firm, or cor- names,
poration, employing labor in the Territory of Alaska, to furnish
to such collector upon demand a list of the employees of such per
son, firm, or corporation subject to the tax imposed herein [$5
for each male person over 21 years of age], and for this purpose
as-
f urnish
47
LABOR LEGISLATION OF 1919.
48
Liable lor
ment.
Penalty.
Liability.
the Territorial treasurer shall furnish to each school tax col
lector suitable blank forms for the making of such lists, which
blank forms shall be delivered by the school tax collector to
the employers of labor aforesaid. Every such person, firm, or corpo
ration having in his or its employ persons subject to said tax
who neglect to pay the same within the time within which the
same is due and payable, as provided in section four (4) hereof,
pay shall be liable for the payment of the same and it shall be the
duty o f every such person, firm, or corporation to deduct from
the wages of each of its said employees, who are subject to said tax,
the amount thereof unless such employee furnishes proof of the
payment of the same, and to pay upon the first day of each month,
during the period within wiiich the tax herein imposed is due and
payable, all amounts so deducted and collected to the school tax
collector, together with a list of the persons from whom the same
are collected, taking a receipt from the school tax collector for the
amount of each tax so paid, and to deliver such receipt to the
employee from w^hom the same was collected.
If any person, firm, or- corporation fails, neglects, or refuses
to comply with the provisions of this section, such person, firm,
or corporation shall be deemed guilty of a misdemeanor, and
upon conviction thereof* shall be punished by a fine of not less
than fifty dollars (50) nor more than five hundred dollars ($500).
Any person, firm, or corporation becoming liable for the tax of
another, as provided in this'section, may be proceeded against in
a civil action prosecuted in the name of the Territory for the pay
ment of the same, and there shall be added to the judgment in all
such cases the sum of twTenty-five dollars ($25) penalty for each
tax said person, firm, or corporation has failed to collect and pay,
as in this section provided.
Approved May 1 , 1919.
#
C h apter
33.—Private employment offices—License fee.
Who to pay.
S ection 1. Any person, firm, or corporation prosecuting, or at
tempting to prosecute, any of the following lines of business in
the Territory of Alaska shall apply for and obtain a license, and
pay for said license for the respective lines of business as follow s:
Amount.
5th. Employment agencies operating for hire and collecting a
fee for services five hundred dollars per annum.
Approved May 1, 1919.
*
C h a p te r
Office created.
Who to act.
Duties.
Sanitary provi
sions.
$
$
*
*
59.—Labor commissioner— Creation of office—Factory
inspection.
S ection 1. The office of labor commissioner of the Territory of
Alaska is hereby created.
S ec . 2. The mining inspector of the Territory of Alaska shall
be ex-oflicio labor commissioner, but shall receive no additional
compensation for acting as such labor commissioner. The mining
inspector is hereby empowered and authorized to perform the
duties of such labor commissioner as provided in this act.
Sec. 3. The duties of the labor commissioner of the Territory
of Alaska shall b e :
(a) To assort, systematize, and present in biennial report to
the governor of Alaska statistical details relating to all depart
ments of labor in the Territory, especially in its relation to the
industrial, social, and sanitary conditions of the laboring classes,
and to the permanent prosperity of the industries of the Territory.
(b) He shall have the power to enforce all sanitary and safety
regulations, as are hereinafter set forth.
(c) He may inspect any factory, cannery, or other establish
ment where labor is employed, and is hereby empowered and au
thorized so to do.
S e c . 4. In every factory, cannery, or other establishment where
labor is employed, all refuse, waste, and sweepings shall be re-
TEXT OF LAWS— ALASKA.
49
moved or disposed of at least once a day and in such a manner
as not to become a nuisance. In every factory, cannery, or other
establishment in which any process is carried on which makes the
floors wet, the floors shall be constructed and maintained with
due regard to the health of employees and grating or dry standing
rooms shall be provided, if practicable, at points where employees
are regularly stationed, and adequate means shall be provided
for drainage and for preventing seepage or leakage to the floors
below.
S e c . 5. In every factory, cannery, or other establishment whe»e
labor is employed, there shall be provided a sufficient supply of Drinking waclean and pure drinking w ater; if such drinking water is placed terin receptacles, such receptacles shall be properly covered to pre
vent contamination, and shall be thoroughly cleaned at frequent
intervals. There shall be provided and maintained suitable and Washrooms,
convenient wash rooms, separate for each sex, adequately equipped
with washing facilities, consisting of sinks or stationary basins pro
vided with running water, or with tanks holding an adequate sup
ply of clean water. And there shall be provided in every factory,
cannery, or other establishment employing ten ( 10 ) or more
persons, shower baths with a sufficient supply of hot and cold
water. All wash rooms, washing facilities, and sleeping quarters
(when furnished by employer) shall be constructed, lighted,
heated, ventilated, arranged, and maintained according to rules
and regulations drawn up by the labor commissioner.
S e c . 6. Every factory, cannery, or other establishment, where
Water-closets,
labor is employed, shall be provided with a sufficient number of
water-closets, earth closets, or privies, within reasonable access
of the persons employed therein, and such water-closets, earth
closets, or privies shall be supplied in the proportion of at least
one (1) to every twenty-five (25) female persons, and one (1) to
every thirty (30) male persons; and whenever both male and
female persons are employed, said wTater-closets and privies shall
be provided separate and apart for the use o f each sex, and
plainly marked by which sex they are to be used; and no person
or persons shall be allowed to use the closets or privies assigned
to the opposite sex ; and such closets or privies shall be constructed
in an approved manner and properly inclosed and at all times
kept in a clean and sanitary condition.
S e c . 7. In every factory, cannery, or other establishment, when Temperature,
labor is employed, adequate measures shall be taken for securing
and maintaining a reasonable, and as far as possible, equable tem
perature, consistent with the reasonable requirements of the man
ufacturing process.
S e c . 8 . It shall be the duty of every employer of labor, his
inspection,
superintendent, manager, or agent, in this Territory to afford to
the labor commissioner every facility for the inspection o f his
factory, cannery, or other establishment where labor is employed,
and for procuring statistics of the wages and conditions of his
employees.
S e c . 9. Any person, firm, or corporation, or any agent, manager,
Violations,
or superintendent of any person, firm, or corporation, who shall,
for himself or such person, firm, or corporation violate any of the
provisions of this act, or omits or fails to comply with any of
the requirements of this act, shall be deemed guilty of a misde
meanor, and upon conviction thereof shall be punished, for the
first offense, by a fine of not less than twenty-five ($25) dollars
nor more than fifty ($50) dollars, or by 10 days’ imprisonment in
the Federal jail, or by both such fine and imprisonment; and
upon conviction of a second or subsequent offense he shall be fined
not less than one hundred ($ 100 ) dollars nor more than two hun
dred ($ 200 ) dollars, or by imprisonment for one ( 1 ) month in the
Federal jail, or by both such fine and imprisonment.
Approved May 5, 1919.
1 7 5 7 ° — 2 1 ------4
ARIZONA.
ACTS OF 1919.
C h a p t e r 1 5 . —Employers*
liability—Attorneys* fees.
S e c t io n 1. Chapter VI, Title XIV, Revised Statutes of Arizona,
1913, Civil Code, is hereby amended by adding thereto another sec
tion to be known as Section 3162a.
S e c t io n 3162a. In any action brought under this chapter, or
in any action brought to recover damages for the death or injury
of any employee under any other law of the State of Arizona,
when such death or injury was sustained by such employee in the
course of one of the occupations by this chapter declared hazard
ous, it shall be unlawful for any attorney or attorneys at law to re
ceive or contract or agree to receive a fee or compensation for his or
their services as such attorney, or attorneys at law, a fee to exceed
twenty-five (25) per cent of the amount recovered and collected,
exclusive of costs. And any contract or agreement or device
whatsoever in violation hereof shall be null and void, and any
attorney or attorneys at law violating this section shall forfeit
all right to any fee or compensation whatsoever in said action and
shall be deemed guilty of a misdemeanor and shall be subject to
disbarment.
Approied February 24, 1919.
Chapter
Fee limited,
91.— Wage brokers—Assignment of wages.
[This act follows the standard requirements as to the business
of making small loans. A license is required for each place of
business, for which the annual fee is $50; a bond for $1,000 is
also required. The rate of interest may not exceed 3£ per cent
per month, inclusive of all charges for making the loan. All
obligations are to state amounts and terms, and receipts are to be
given for each payment.
The following sections relate specifically to wage loans:]
S e c t io n 3 1 . Any assignment of, or order for the payment of
what assignany salary, wages, commissions, or other compensation for serv-m
v '
ices, earned or to be earned, given to a licensed money lender as
security or collateral for small loan made under this act shall
be valid if such loan is contracted, or renewed, simultaneously with
its execution, and if in writing signed in person by the assignor
and not by attorney. Every such assignment when made by a
married person shall require the written assent of his or her
spouse indorsed or attached thereto : Provided, That written assent Spouse to asof a spouse shall not be required when husband and wife havesent*
been living separate and apart for a period of at least five months
prior to such assignment. Any law of the State of Arizona con
cerning assignments of wages shall not apply to assignments made
under this act.
Sec. 32. Every such assignment of, or order for, the payment Amount covof salary, wages, commissions, or other compensation for services,ered*
earned or to be earned in the future, given as security or collateral
for a loan under this act, shall be valid if for ten ( 10 % ) per
centum or less, of the assignor’s salary, wages, or other compensa
tion for services, under any existing or future employment, during
forty months from date such assignment becomes effective, which
proportion shall be collectible by the licensed money-lender from the
employer of such assigning borrower, at the time each such payment
for services shall become due, from the time that a copy thereof,
verified by the oath of the licensed money lender, or his agent,
51
LABOR LEGISLATION OF 1919.
52
Future
ers.
together with a verified statement of the amount unpaid upon
such loan is served upon the employer, who may demand to have
the original of such assignment exhibited to him at the time such
copy is served. Any borrower, as assignor may agree, as attorney
in fact, to collect his whole salary, wages, commissions or other
compensation for services, as same shall become due and be
collected by him, and to pay over to the licensed assignee ten ( 10 )
per centum thereof, or less, if previously agreed, until the loan or
debt shall have been repaid.
employ
(a ) Any borrower may also give an equitable lien upon ten
per centum of this after-acquired earnings from salary, wages, or
other gainful employment, as same shall become due from any
future employer, during not exceeding forth [sic] months, next
thereafter and may agree to execute a formal assignment therefor,
if demanded by a licensed lender, after such new contract for em
ployment becomes effective: Provided, Such loan with interest
shall not then have been repaid.
Approved March 17, 1919.
C hapteb
Who to attend.
Certificate.
P a r t - t i m e
hi hool.
113.—Employment of children— School attendance.
S e c t io n 1. All children over eight years of age shall attend
school for as many weeks as the schools in the district in which
they reside shall be in session until they have reached the age
of sixteen, except children of such physical disability as to unfit
them for school duties, which disability shall be certified to by
a regular physician, and except that children who have reached
the age of fourteen years may be excused from such school at
tendance to enter regular employment.
S e c . 2. The probation board, as provided by law, or any school
officials designated by them, may issue a certificate permitting a
child over fourteen years of age and less than sixteen years of
age to enter regular employment.
Sec. 3. Whenever in any school district there shall have been
issued fifteen such employment certificates there shall be estab
lished a part-time school or class giving instruction for not less
than one hundred and fifty hours per year and for not less than
five hours per week between the hours of 8 a. m. and 6 p. m.
S e c . 4. Whenever the number of hours for which a child over
fourteen years and less than sixteen years of age shall be employed
shall be fixed by Federal or State law, the hours of attendance
upon a part-time school or class shall be counted as a part of the
number of hours so fixed by Federal or State laws.
Use of funds.
S ec . 5. The State board of education shall adopt rules and
regulations concerning the establishment of part-time schools and
[when] classes shall have been established in accordance with
such rules and regulations the districts maintaining them shall
be entitled to reimbursement from Federal and State funds
available for the promotion of vocational education, for the ex
penditures for the salaries of teachers of such part-time schools
or classes to not less than seventy-five per cent (75% ) of the money
so expended.
No school held.
S e c . 6 . Whenever any school district shall deem it inexpedient
to establish part-time schools or classes it shall present to the
State superintendent of public instruction the reasons for such
inexpediency, and the State superintendent may excuse the district
from the establishment of such part-time schools or classes if he
deems such reasons sufficient.
Violations b y
Hours t o
be
counted as work.
parents.
Sec. 7. Any parent, guardian, or other person responsible for
the custody of a child over fourteen years of age and less than
sixteen years of age shall be held responsible for the attendance
of such child, w^hen regularly employed, upon a part-time school
or class whenever there shall have been established such parttime school or class in the district where the said child resides or
may be employed, and any such parent, guardian, or person re
sponsible for the custody of such child shall be subect to the same
T E X T
O F
L A W S —
penalties as have been established by law to compel the attendance
of children over eight and under fourteen years of age upon any
school instruction.
S ec . 8 . Any person, firm, or corporation employing a child be
tween the ages of fourteen and sixteen years shall permit the
attendance of such child upon a part-time school or class when
ever any such part-time school or class shall have been estab
lished in the district where the child resides or may be em
ployed, and any employer, firm, or corporation employing any
child over fourteen and less than sixteen years of age con
trary to the provisions of this act shall be subject to a fine of
not less than five dollars ($5) nor more than fifty dollars ($50)
for each separate offense.
Sec. 9. The school officials charged with the responsibility of
enforcing the compulsory attendance laws of this State shall also
be responsible for the enforcement of the attendance upon parttime schools and classes in accordance with the terms of this act.
Approved March 20, 1919.
C hapter
53
A R IZ O N A .
B y employers.
Enforcem ent.
165.—Regulation
of factories, etc.— Wash rooms in
smelters and foundries.
Section 1. Suitable and proper bathrooms, wash rooms, and
water-closets shall be provided by the owner or operator of any
smelter, refinery, or foundry engaged in the treatment or reduction
of ores or metals, and all cement works and ore reduction works
using oils, cyanide, acids, quicksilver, and such water-closets
shall be properly screened and ventilated, and shall be kept at all
times in a clean, sanitary condition, with not less than one seat
for each twenty-five persons, and one seat for each fraction thereof
above ten, employed in such establishment. One shower bath
shall be provided for every twenty-five men employed in such
establishment with adequate additional wash-room facilities, and
at all times they shall be kept in a clean and sanitary condition.
Sec. 2. Every such establishment enumerated above shall pro
vide, maintain, and suitably equip a heated change room imme
diately contiguous to such establishment, which shall at all times
be open to employees and shall at all times be kept in a clean and
sanitary condition.
S e c . 3. The enforcement of the provisions of this act are de
clared necessary for the maintenance of the public health, and
the superintendent of the State board of health is charged with
the enforcement of the provisions herein contained.
Sec. 4. Any person, persons, firm, company, corporation, or asso
ciation violating any of the provisions of this act, and any person
who shall mark, print, or write any obscene picture, writing, or
marking in or about the premises herein mentioned, shall be
guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not less than fifty dollars ($50) nor more
than three hundred dollars ($300), or by imprisonment in the
county jail for not less than ten (10) days, nor more than sixty
(60) days, or by both such fine and imprisonment.
W here required.
Dressing room.
Enforcem ent.
Violations.
Became law March 26, 1919.
C h apter 174.— Employment
on public work— Citizens to be
preferred.
S ection 46. In all cases where money appropriated under the
provisions of this act is or shall be expended for labor, only citi
zens of the United States or wards of the United States shall be
employed, and actual bona fide resident citizens of this State shall
be given the preference whenever such labor as may be required
can be found within this State and before any labor can be sought
outside of this State, either directly or indirectly, the person,
contractor, firm, or corporation shall file with the State auditor a
verified written statement setting out in detail the effort put forth,
Preference.
54
If labor
available.
L A B O R
L E G IS L A T IO N
O F
1919.
not showing his, their, or its inability to secure such labor as is re
quired within this State, and if the auditor is satisfied of such in
ability, then the auditor may execute a release permitting the
bringing into this State such citiens only of the United States
as may be needed for such work. Before any money herein ap
propriated shall be paid out for labor or construction, a verified
statement shall be filed with the auditor, showing strict compliance
with the provisions o f this section. If the provisions of this section
are not complied with, it shall be unlawful to pay out any of the
moneys herein appropriated; and any contract entered into wherein
the provisions of this section have not been complied with shall
be v oid : Provided, That nothing herein shall be construed to pre
vent the working of prisoners by the State.
Approved March 25, 1919.
ARKANSAS.
ACTS OF 1919.
A ct N o. 134.—Mine regulations— Wash houses.
Section 1. It shall be the duty of every owner or lessee, its
officers and agents, or other person or persons having jurisdic
tion or direction of any coal mine or coal mines employing ten or
more persons, within the State of Arkansas, to provide within
ninety days after the passage and approval of this act, a suitable
building which shall be convenient to the principal entrance of such
mine or mines, and equip with individual lockers or hangers,
benches or seats, proper light, heat, hot and cold water and shower
baths, and maintain same in good order, for the use and benefit of
all persons employed in or about said mine or mines. Said
building shall be so constructed as to give sufficient floor space
for the accommodation of miners or others using the same. The
flooring in the wash room of said building to be made of concrete
or cement, but the material used in flooring the changing room
shall be optional with the owner, lessee, or person operating or
directing the operation of the mine or mines. All lockers required
by this act, when made of steel, shall be not less than twelve
inches in width, twelve inches in depth and sixty inches in height.
When made of lumber, they shall not be less than twelve inches
in depth, twelve inches in width, and sixty inches in height, with
partitions in center of wood lockers.
Individual hangers shall consist of not less than three suitable
hooks upon which to hang clothing and a receptacle of suitable
size for use in connection therewith, attached to a proper chain
or wire rope, and so suspended as to admit of hanger being raised
to such height that the wearing apparel, when hung thereon, will
not be less than seven feet above the floor of said building and
of being locked in that position. The lockers or hangers in each
washhouse shall be sufficient in number to accommodate all em
ployees of said mine or mines and there shall be one shower bath
for each fifteen employees. Said employees shall furnish their
own towels, soap, and lock for their lockers or hangers, exercising
control over and be responsible for the property by them left
therein; and it shall be the duty of all persons using said wash
houses to remove therefrom all cast-off wearing apparel.
W ho to furnish.
Equipment, etc.
Baths.
Sec. 2. Every corporation, company, partnership, person, or Cleanliness.
persons, who shall construct any building or buildings required by
section 1 of this act, and shall install such washhouse and wash
house facilities as required therein, shall at all times during the
operation of any mine or mines, keep same in a clean and sanitary
condition, but shall not be liable for the loss or destruction of any
property of employees left in any such building or buildings.
Sec. 3. Any owner, or lessee, its officers, or agents, or other Violations.
person or persons failing or refusing to comply with the pro
visions of this act shall be deemed guilty of a misdemeanor, and
shall, upon conviction, be fined not less than $50 nor more than
$100; each day’s violation shall constitute a separate offense and
shall be punished as such.
Sec. 4. It shall be unlawful for any person to break, injure Injury.
or destroy any part or appurtenance to any washhouse, or commit
any nuisance therein; and any person adjudged guilty of a viola
tion of this section shall be fined in any sum not less than $25
nor more than $50.
Sec. 5. All coal mines operating in this State shall by partition,
or other means, in the discretion of the State mine inspector, main
tain separate washhouses for whites and blacks.
Races separate.
55
56
Existing houses.
L A B O R
L E G IS L A T IO N
O F
191&.
Sec. 6 . It shall be the duty of the State mine inspector and he
is by this act authorized to require washhouses already in exist
ence to be so changed, remodeled, and improved as to comply with
the provisions of this act. He shall have general supervision of
this law and its enforcement.
Approved February 27, 1919.
A ct
No. 265.—Regulation of factories— Toilet and lunch rooms.
Separate provi
sion;;.
S ection 1. There shall be provided in every factory, manu
facturing establishment, workshop, or other place where six or
more men and women are employed, separate toilet and wash rooms
for men and women; also suitable lunch room for the women em
ployees separate and apart from the workrooms and toilet room s:
Provided, That in establishments where it is impracticable to pro
vide lunch rooms, women workers shall be allowed not less than
one hour for mealtime, during which hour they shall be per
mitted to leave the establishment.
Enforcement.
S ec . 2. The commissioner of labor slmll enforce the provisions
of this act, and shall give notice in writing to employers violating
same, and upon failure to comply with the provisions of this act,
after thirty (30) days from such notice, such employers shall
be liable to penalties provided by this act.
Violations.
S ec . 3. Any firm, person, or corporation violating the provisions
of this act shall be deemed guilty of a misdemeanor, and upon
conviction shall be fined not less than ten nor more than one
hundred dollars, each day to constitute a separate offense.
Act cumulative.
S ec . 4. This act shall not repeal any laws now in force, but shall
be cumulative thereto and shall be in force from and after pas
sage.
Approved March 13, 1919.
A ct
No. 275.—Hours of labor of women— Minimum wage.
[Section 11 of act No. 191, Acts of 1915, is amended by striking
out telephone establishments from its provisions.
Section 13 is amended so as to read as follow s: 1
Provisions sev
S ec . 13. Should any section or sections of this act be held in
erable.
valid by the court, it shall not thereby be understood as affecting,
and shall not affect the other provisions of this a c t: Provided, This
Exem ptions.
act shall not apply to cotton factories or to the gathering of fruits
or farm products in Arkansas.
Approved March 35, 1919.
A ct No.
A ppointm ent.
Qualifications.
P ay.
Organization.
486.— Regulation of coal mines— Examining board.
S ection 1. Immediately after the passage of this act there shall
be appointed by the governor a board of four examiners to serve
until July 1st, 1921, and thereafter such board of examiners shall
be appointed for a term of four years. Two of said board shall be
practical miners, who have had at least eight years’ experience as
miners in mines of Arkansas or elsewhere; two shall be operators
of coal mines in the State of Arkansas or representatives thereof;
one additional member of said board shall be selected by the four
members appointed as hereinbefore provided.
The members of the examining board shall be paid out of the
coal-mine examiners’ fund, upon vouchers to be approved by the
president o f said board, the sum of $6 per day for each day of
actual service and their necessary expenses.
S ec . 2. Immediately after their appointment, the examiners
shall meet and organize by selecting a chairman and secretary.
The secretary shall keep on file all examination questions and
their answer and all examination records and papers belonging
to the board. The examining board shall convene upon call of
the chairman; except in case of emergency, notices shall be pub
lished in one newspaper of general circulation in each county in
T E X T
O F
L A W S —
A R K A N S A S .
57
which there are coal mines, at least five days before the day of
meeting.
Sec. 3. On and after the passage of this act, no fire bosses,
to be ex‘
hoisting engineers, or mine foremen shall be employed in any mine
in the State of Arkansas, unless they shall have been examined
by the State board of examiners, as hereinafter provided: And
provided further, That no one shall act as mine inspector or as
sistant mine inspector of the State of Arkansas, unless they have
been examined by said board of examiners, as hereinafter pro
vided: Provided, That the mine inspector holding office at the Incumbents,
time this act goes into effect shall pay a fee of ten dollars and be
granted a certificate without examination, and the assistant mine
inspector holding office at the time this act goes into effect, shall,
on payment of a fee of seven dollars and fifty cents, be granted a
certificate without examination: Provided, That men holding po
sitions of hoisting engineers or mine foremen at the time this
act goes into effect, who have had five years’ experience and pay
a fee of five dollars, shall be granted certificates without exami
nation.
Fire bosses, holding positions at the time this act goes into Awhcants.
effect, who have had five years’ experience and pay a fee of three
dollars, shall be granted a certificate without examination. Ap
plicants for examination shall be able to read and write the
English language, and shall satisfy the board of examiners that
they are of good moral character, and not be a user of, intoxicat
ing liquors, and shall be a citizen of the United States. All appli
cants shall be thoroughly examined with reference to the duties
of the positions for which they have applied for certificate. Ap
plicants for certificates as mine foremen shall be at least twentyfive years old and shall have had at least five years’ experience as
practical coal miners, mining engineers, or men of general under
ground experience. Applicants for certificates as fire bosses shall
have like qualifications and experience in the mines of Arkansas
or elsewhere, and shall also have had experience in mines that
generate explosive and noxious gases. Applicants for certificates
as mine inspector shall, before examination, pay to the board a
fee of four dollars, and, if successful, a further fee of six dollars
for a certificate. Applicants for certificate as assistant mine in
spector shall, before examination, pay to the board a fee of three
dollars, and, if successful, a further fee of four and one-half dol
lars for a certificate. Applicants for certificates as mine fore
men and hoisting engineers shall, before examination, pay to the
board a fee of two dollars, and, if successful, a further fee of three
dollars for a certificate. Other applicants shall, before examina
tion, pay to the board of examiners a fee of one dollar, and, if
successful, a further fee of two dollars for a certificate.
S ec . 4. The board shall grant certificates after examination to Certificates,
all applicants who have shown themselves familiar with the duties
of the position for which they desire certificates, and are capable
of performing such duties: Provided, That certificates of the first
grade shall be granted only to applicants who, by oral or written
examinations in the presence of and relating to explosive gas
have shown themselves competent to act as mine foremen in
mines which generate explosive and noxious gases, and the cer
tificate shall so state: Provided, Certificates for mine inspector
and assistant mine inspector shall be granted only to applicants
who have shown themselves duly qualified, as provided by the law
creating such office, and no appointments shall be made to such
offices unless such appointee shall hold a certificate.
S ec . 5. Anyone holding a first grade foreman’s certificate may Service*
serve as foreman in any mine, and may serve as fire boss; and
anyone holding a second grade mine foreman’s certificate may
serve as any of the above, except as fire boss and foreman in
mines which generate explosives or noxious gases, and in case
of emergency any mine owner, with the consent of the examining
board, may employ any trustworthy or experienced man who shall
58
Forgery, etc.
Duplicates.
Revocation.
Violations.
L A B O R
L E G IS L A T IO N
O F
1919.
not hold a certificate, for a period of not more than thirty days as
mine foreman or fire boss.
S ec. 6. Any person who shall forge, alter or counterfeit a
certificate, or shall secure or attempt to secure employment by use
of such forged, altered or counterfeited certificate, or shall falsely
represent that he is a holder of a certificate regularly issued him,
shall be guilty of a misdemeanor.
Sec. 7. In case of loss or destruction of certificate, the secre
tary of the examining board, upon satisfactory proof of the said
loss or destruction, may issue a duplicate thereof in the payment
of the sum of one dollar.
Sec. 8. All certificates issued hereunder may be revoked by
the board of examiners after hearing upon due notice to the
holder of the certificate, and upon written charges preferred by
the board or by some interested person for violation of this act.
Complaint may be filed against the holder of a certificate for
intoxication, mental disabilities, neglect of duty or other sufficient
cause: Provided, however, That the holder of the certificate so
canceled shall have the right to appear before the examining
board after the expiration of three months and be reexamined,
if he shall first satisfy the board that the incapacity complained
o f shall have ceased to exist.
Sec. 9. Any owner, operator, lessee or agent of any coal mine
in the State of Arkansas, violating any of the provisions of this
act, shall* be deemed guilty of a misdemeanor, and upon conviction
shall be fined not less than ten dollars nor more than one hundred
dollars, or be imprisoned in the county jail not exceeding one
year, or both.
Approved March 28, 1919.
A c t No. 686.—Regulation of coal mines.
[Section 17 of act No. 225, Acts of 1905 is amended to read
as follows :1
Ventilation.
S e c t i o n 17. All slopes, drifts, or shafts used for hoisting or
hauling coal shall be made the intake of air into the mines except
at the option of the owner or by direction of the State mine in
spector, and all air that goes into a mine shall be so split that
not more than fifty employees will be working on each split of
air, and there shall not be less than 200 cubic feet of air pass
each working face per minute, and it shall be the duty of the
State mine inspector to measure the air at all working faces in
making his inspection. The machinery and appliances used for
conducting or driving the air into the mines shall be so installed,
arranged and adjusted that said air currents may be easily and
speedily reversed in emergencies.
Approved April 5, 1919.
CALIFORNIA.
ACTS OF 1919.
C h a p t e r 6 .—Soldiers’
employment committee.
S e c t io n 1. There is hereby created a State committee on soldiers’ Committee creemployment and readjustment to consist of nine members whoated*
shall be appointed by the governor to serve at his pleasure.
S e c . 2. The State committee on soldiers’ employment and re- Duties,
adjustment shall assist in securing employment for soldiers, sail
ors, marines, and others who have served with the armed forces of
the United States during the European war; and shall likewise
have power to cooperate with all Federal, State, county, and
municipal officials and agencies having a like object in so dealing
with such problems and in the securing of said employment for
said soldiers, sailors, marines, and others who have served with
the armed forces of the United States during the European war,
and to stimulate and coordinate public and private assistance and
to encourage and develop Federal, State, municipal, and private
industrial and constructive enterprises in the meeting of these
problems; and said committee shall likewise be authorized and
empowered to aid in the expeditious allowance and payment of
all allotments and allowances provided for by law for the pro
tection of said soldiers and the maintenance of their dependents.
S e c . 3. This committee shall succeed to all the activities of the Succession.
State council of defense, and said State council of defense is
hereby authorized and instructed to deliver all of its records, files,
and property to said committee.
S e c . 4. Members of the State committee on soldiers’ employment Expenses,
and readjustment shall serve without pay, but shall be reim
bursed for their actual and necessary expensese incurred in the
performance of their duty hereunder.
S e c . 5. For the purposes of this act fifty thousand dollars, or Appropriation,
so much thereof as may be necessary, is hereby appropriated out
of any money in the State treasury not otherwise appropriated.
Claims against such appropriation shall be approved by the chair
man of the State committee on soldiers’ employment and read
justment, and when so approved shall be audited and paid in the
manner provided by law. The term of said State committee on
soldiers’ employment and readjustment shall expire not later
than January 31, 1921, A. D.
Approved January 24, 1919.
C h apter
164.—Labor camps— Sanitation, etc.
[This act amends chapter 182, Acts of 1913, as amended by
chapter 329, Acts of 1915.
Section 1 is amended by requiring bunk houses, etc., to be in Sleeping
good structural condition and to exclude dampness in inclementters*
weather.
Section 2 adds the requirement that “ suitable bunks or beds
shall be provided for all employees.”
To section 4 is added a provision requiring bathing facilities.
Suitable drainage for the kitchen sink is required by section 5
as amertded, while section 6 is amended to require the appoint
ment of a responsible caretaker at each camp.]
C hapter
quar
183.— Vocational rehabilitation of injured workmen.
1. Whenever any fatal compensable injury is suffered
by any employee coming under the provisions of said compensa
tion, insurance, and safety act and such deceased employee does
S e c t io n
Fund created.
59
60
L A B O R
L E G IS L A T IO N
O F
1919.
not leave surviving him any person entitled to a death benefit^
the employer, or his insurance carrier, if he be insured under
said compensation act, shall pay into the treasury of the State
of California the sum of three hundred fifty dollars for each such
fatal injury in addition to any other payments under the provisions
of said compensation act: Provided, That the total payments shall
not exceed three times the average annual earnings of said deceased
employee. Said moneys paid into the State treasury under the
provisions of this section shall be covered into a special fund to
be known as the “ industrial rehabilitation fund,” which fund is
hereby created and appropriated for the purposes set forth in this
act.
U&e of fund.
Sec. 2. The industrial accident commission may draw upon
said fund for the promotion of vocational reeducation and reha
bilitation of persons disabled in industry in this State, in addi
tion to any other money appropriated for such purposes. The
controller is hereby ordered to draw his warrant on said fund
from time to time in accordance with the direction of the com
mission, and the treasurer is hereby authorized and directed to
pay the same.
Surplus.
Sec. 3. The treasurer shall place the remainder, if any, of the
fund, after making the payments required by the preceding sec
tions of this act, semiannually, to the credit of the accident-prer
vention fund, established by said compensation act.
Revolving fund.
Sec. 4. As soon as the sum of five thousand dollars shall have
accumulated in said fund, the treasurer shall, upon the order of
the industrial accident commission, deposit the same with the
State compensation insurance fund as a revolving fund. The
State compensation insurance fund shall, upon the order
or award of the industrial accident commission, make the
payments required by sections two, three, and four from said
revolving fund, accounting therefor to the State board of control
as in other cases, and the State treasurer shall from time to time,
upon the order of the commission, reimburse said State compensa
tion insurance fund from the industrial rehabilitation fund for
expenditures made from said revolving fund. The reasonable
expense of administration of the said State compensation insur
ance fund in carrying out the duties imposed by this act shall,
upon the auditing and approval thereof by the State board of con
trol, be paid from said industrial rehabilitation fund in the same
manner as is provided in this section for other payments. The
controller is hereby directed to draw his warrant from time to
time in favor of the State compensation insurance fund in ac
cordance with the direction of said commission, and the treasurer
is hereby authorized and directed to pay the same.
Collection.
Sec. 5. If any proceedings are necessary to collect from any em
ployer the amount mentioned in the preceding section, or to deter
mine the liability of any employer under said compensation act
with respect to said amount, such proceedings shall be instituted
before the industrial accident commission of its own motion or by
the attorney general 011 behalf of the people of the State of Cali
fornia and such proceedings shall be tried and determined in the
same manner and with the same effect as any other proceeding to
collect compensation: Provided, That if proceedings be instituted
by any other person to collect benefits under the compensation act
on account of such fatal injury, the commission may, if it finds said
sum of three hundred fifty dollars payable to the State treasurer,
award said sum to the State of California without the people of the
State of California being a party to said proceedings: \nd pro
vided further. That if said sum of three hundred fifty dollars shall
be paid into the treasury and at any time thereafter any person
claiming to be a dependent o f the deceased employee shall estab
lish such dependency and secure an award therefor, the commission
may make an award against the State of California in favor of
said dependent for said sum of three hundred fifty dollars, or as
much thereof as may be necessary to meet the claim of such de
pendent, said sum to be applied to said death benefit and to relieve
T E X T
O F
L A W S —
C A L IF O R N IA .
6 1
to that extent the employer or his insurance carrier against lia
bility therefor.
S e c . 6 . The industrial accident commission of the State o f Cali- Administration,
fornia is hereby vested with full jurisdiction and authority to ►
hear and determine any and all questions and controversies arising
under this act and to make and enter all orders and awards neces
sary to carry out the purposes herein set forth.
Approved May 2, 1919.
C h apter
188.— Criminal syndicalism— Sabotage.
S e c t io n 1. The term “ criminal syndicalism ” as used in this act
Definition,
is hereby defined as any doctrine or precept advocating, teaching,
or aiding and abetting the commission of crime, sabotage (which
word is hereby defined as meaning willful and malicious physical
damage or injury to physical property}, or unlawful acts of force
and violence or unlawful methods of terrorism as a means of ac
complishing a change in industrial ownership or control, or effect
ing any political change.
S e c . 2. Any person who:
1. By spoken or written words or personal conduct advocates, ° ffensea*
teaches, or aids and abets criminal syndicalism or the duty,
necessity, or propriety of committing crime, sabotage, violence,
or any unlawful method of terrorism as a means of accomplishing
a change in industrial ownership or control, or effecting any
political change; or
2. Willfully and deliberately by spoken or written words justi
fies or attempts to justify criminal syndicalism or the commission
or attempt to commit crime, sabotage, violence, or unlawful
methods of terrorism with intent to approve, advocate, or further
the doctrine of criminal syndicalism; or
3. Prints, publishes, edits, issues or circulates, or publicly dis
plays any book, paper, pamphlet, document, poster, or written or
printed matter in any other form, containing or carrying written
or printed advocacy, teaching, or aid and abetment of, or advising,
criminal syndicalism; or
4. Organizes or assists in organizing* or is or knowingly becomes
a member of, any organization, society, group, or assemblage of
persons organized or assembled to advocate, teach, or aid and
abet criminal syndicalism; or
5. Willfully by personal act or conduct, practices, or commits
any act advised, advocated, taught, or aided and abetted by the
doctrine or precept of criminal syndicalism, with intent to ac
complish a change in industrial ownership or control, or effecting
any political change;
Is guilty of a felony and punishable by imprisonment in the Penalty,
State prison not less than one nor more than fourteen years.
S e c . 3. If for any reason any section, clause, or provision of Provisions
this act shall by any court be held unconstitutional then the legis
lature hereby declares that, irrespective of the unconstitutionality
so determined of such section, clause, or provision, it would have
enacted and made the law of this State all other sections, clauses,
and provisions of this act.
Approved April 30, 1919.
C hapter
sev-
202.— Times of payment of wages.
S e c t io n 1. Whenever an employer discharges an employee, the Termination of
wages or compensation for labor or service earned and unpaid at employment,
the time of such discharge shall become due and payable imme
diately. Whenever an employee not having a written contract
for a definite period quits or resigns his employment, the wages or
compensation shall become due and payable not later than seventytwo hours thereafter, unless such employee shall have given
seventy-two hours’ previous notice of his intention to quit, in which
latter case such employee shall be entitled to his wages or com
pensation at the time of quitting.
62
L A B O R
L E G IS L A T IO N
O F
1919.
gEC. 2 . All wages or compensation other than those mentioned
-n sec^ion one 0f tjjjg ^Qt earned by any person in any employment
not exempt by section eleven of this act, shall become due and
payable semimonthly or twice during each calendar month, on
days to be designated in advance by the employer as the regular
pay days: Provided, however, That services rendered between
the first and fifteenth days, inclusive, of any calendar month shall
be paid for between the sixteenth and the twenty-sixth day of the
month during which services were rendered, and for all services
rendered between the sixteenth and the last day, inclusive, of any
calendar month, said services shall be paid for between the first
and tenth day of the following month: Provided, however, That
»in agricultural, viticultural, and horticultural pursuits, in stock
or poultry raising, and in household domestic service, and when
the employees in the said employments are boarded and lodged
by the employer, the wages or compensation due any employee
remaining in such employment shall become due and payable
ents thly Pay" monthly or once in each calendar month, on a day designated in
en s*
advance by the employer as the regular pay day, but no two suc
cessive such pay days to be more than thirty-one days apart, and
the payment or settlement shall include all amounts due for labor
or service up to the regular pay day.
Scope.
S e c . 3. The wages or compensation subject to the provisions of
this act shall include all amounts for labor or service performed
by employees of every description, whether the amount is fixed or
ascertained by the standard of time, task, piece, or other method
o f calculating the same, or whether the labor or service is per
formed under contract, subcontract, partnership, subpartnership,
station plan, or other agreement for the performance o f labor
or service: Provided, That the labor or service to be paid for is
performed personally by the person demanding payment. Noth
ing contained in this act shall in any way limit or prohibit the
payment of wages or compensation at more frequent intervals, or
in greater amounts or in full when or before due.
jsted* t0 b 6 ^EC- 4. Every employer shall post and keep posted conspicuously
at the place of work, if practicable, or otherwise where it can be
seen as employees (come or go to their place of work, or at the
office or nearest agency for payment kept by the employer, a notice
specifying the regular pay days and the time and place of payment,
also any changes in those regards occurring from time to time.
Every employee who is discharged shall be paid at the place of
discharge, and every employee who quits or resigns shall be paid
at the office or agency of the employer in the county or city and
county where such employee has been performing the labor or
service for the employer. All payments of money or compensation
shall be made in the manner provided by law. In the happening of
any strike, the unpaid wages or compensation earned by such strik
ing employees shall become due and payable on the employer’s next
regular pay day, and the payment or settlement shall include all
amounts due such striking employees without abatement or reduc
tion, and the employer shall return to each such striking employee
any deposit or money or other guaranty required by him from
such employee for the faithful perfomance of the duties of the
employment. Any violation of the provisions of this section shall
be punishable as for a misdemeanor, and any failure to post any
notice as in this section prescribed shall be deemed prima facie
evidence of a violation of this act.
Wages accrue, S e c . 5. Ill the event that an employer shall willfully fail to pay,
hen*
without abatement or reduction, any wages or compensation of
any employee who is discharged or who resigns or quits, as in
section one of this act provided, then as a penalty for such non
payment the wages or compensation of such employees shall con
tinue from the due date thereof at the same rate until paid, or
until an action therefor shall be commenced: Provided, That in
no case shall such wages continue for more than thirty days:
And provided further, That no such employee who secretes or
absents himself to avoid payment to him, or who refuses to receive
Semimonthly
iy day.
T E X T
O F
L A W S —
63
C A L IF O R N IA .
the payment when fully tendered to him, including any penalty
then accrued under the provisions of this section, shall be entitled
to any benefit under this act for such time as he so avoids pay
ment.
Sec. 6 . Any person, firm, association, or corporation, or agent,
manager, superintendent, or officer thereof, who, having the ability
to pay, shall willfully refuse to pay the wages due and payable
wrhen demanded, as herein provided, or falsely deny the amount
or validity thereof, or that the same is due, with intent to secure
for himself, his employer, or other person, any discount upon such
indebtedness, or with intent to annoy, harass, or oppress, or hinder,
or delay, or defraud the person to whom such indebtedness is due,
shall, in addition to any other penalty imposed upon him by this
act, be guilty of a misdemeanor.
S e c . 7. It shall be the duty of the commissioner of the bureau
of labor statistics to inquire diligently for any violations' of this
act, and to institute actions for penalties herein provided, and to
enforce generally the provisions of this act.
Sec. 8. Nothing herein contained shall be construed to limit the
authority of the district attorney of any county or city and county
to prosecute actions, both civil and criminal, for such violations
of this act as may come to his knowledge, or to enforce the pro
visions hereof independently and without specific direction of the
commissioner of the bureau of labor statistics.
Sec. 9. If any section, sentence, clause, or part of this act, is for
Violations,
Enforcement,
Prosecutions,
Provisions sevany reason held to be unconstitutional, such decision shall not a f-erable*
feet the remaining portions of this act. The legislature hereby de
clares that it wTould have passed this act, and each section, sen
tence, clause, or part thereof, irrespective of the fact that one or
more sections, sentences, clauses, or parts be declared unconsti
tutional.
S e c . 10. Nothing in this act shall apply to the payment of
Public empioywages or compensation of employees directly employed by any ees.
county, city and county, incorporated city or town, or other
municipal corporation. Nor shall anything herein apply to em
ployees directly employed by the State, any department, bureau,
office, board, commission, or institution thereof. All other em
ployments shall for the purposes of fchis act be deemed private
employments and subject to the provisions hereof.
S e c . 11. [Repeals chapter 66 3 , A c ts o f 1911, as amended by
Repealer,
chapter 143, Acts of 1915; also repeals chapter 657, Acts of 1915.]
Approved May 6 , 1919.
C h apter
204.—Industrial Welfare Commission.
[This chapter amends chapter 324, Acts of 1913. A new sec
tion is added, as follow s: ]
S e c t io n 3 £. Any member of the commission or deputies duly
authorized by it in writing, shall have the power and authority
to issue subpoenas to compel the attendance of witnesses or
parties and the production of books, papers, pay rolls or records,
and to administer oaths and to examine witnesses under oaths
and to take the verification or proof of instruments o f writing,
and to take depositions and affidavits for the purpose of carrying
out the provisions of this act, or any of its orders, rules or regu
lations : Provided, That no witnesses shall be compelled to attend
on said commission outside of the county in which said witness
resides or at a distance greater than fifty miles from his place of
residence.
Obedience to subpoenas issued by the commission or its duly
authorized representatives shall be enforced in the superior courts
of the county or city and county in which the subpoenas were
issued.
[Section 6 is amended by requiring publication of notice hear
ings in newspapers in Oakland, Fresno, Eureka, San Diego, Long
Beach, Alameda, Berkeley, and Stockton, in addition to those
Powers,
64
L A B O R
O F
1919.
named in the original act. Notice is also to be sent to associations
of at least 15 employers requesting it.
County recorders are to file the orders instead of recording them,
and they are to be distributed to employers by the welfare com
mission directly instead of by the labor commissioner.]
[Section li b is added to this act and reads as follow s:]
S e c . lib . It shall be the duty of the industrial welfare com
mission to enforce the provisions of this act and compliance with
its orders, rules, and regulations. Full power and authority is
hereby vested in the commission to take such action as may be
deemed essential for such purposes.
Approved May 5, 1919.
Enforcem ent.
C h a p ter
Collection
wages.
L E G IS L A T IO N
o I
228.—Bureau of labor statistics—Power's.
[This chapter amends section 7 of act No. 828, General Laws,
1906, by giving the commissioner and his representatives,
in addition to the powers already granted, power to take assign
ments of wage claims and prosecute actions for the collection
of wages of persons financially unable to employ counsel.]
C h a p ter
248.—Employment of women—Hours of labor.
[Section 1 of chapter 258, Acts of 1911, is amended to read as
follow s: ]
S e c . 1. No female shall be employed in any manufacturing,
L im it of eight
mechanical, or mercantile establishment, laundry, hotel, public
hours.
lodging house, apartment house, hospital, place of amusement, or
restaurant, or telegraph or telephone establishment or office, or
in the operation of elevators in office buildings, or by any express
or transportation company in this State more than eight hours
during any one day of twenty-four hours or more than forty-eight
hours in one week. It shall be unlawful for any employer of labor
to employ, cause to be employed, or permit any female employee
to labor any number of hours whatever with knowledge that
such female has heretofore been employed within the same date
and day of twenty-four hours in any establishment and by any
previous employer for a period of time that will, combined with
the period of time of employment by a previous employer exceed
eight hours: Provided, That this shall not prevent the employ
Two or more
ment of any female in more than one establishment where the
em ployers.
total number of hours worked by said employee does not exceed
eight hours in any one day of twenty-four hours. If any female
shall be employed in more than one such place, the total number
of hours of such employment shall not exceed eight hours during
any one day of twenty-four hours or forty-eight hours in one
week. The hours of work may be so arranged as to permit the
employment of females at any time so that they shall not work
more than eight hours during the twenty-four hours of one day
or forty-eight hours during any one week: Provided further,
Exceptions.
That the provisions of this section in relation to hours of em
ployment shall not apply to or affect graduate nurses in hospitals,
nor the harvesting, curing, canning, or drying of any variety of
perishable fruit, fish, or vegetable during such periods as may be
necessary to harvest, cure, can, or dry said fruit, fish, or vege
table in order to save the same from spoiling.
Approved May 10, 1919.
C h a p ter
Attendance
quired.
258.—Employment of children— School attendance.
[Section 1 of act 3574, General Laws, 1906, is amended to read
as follow s:]
*
re
S e c t i o n 1. Each parent, guardian, or other person having con
trol or charge of any child between the ages of eight and sixteen
years, not exempted under the provisions of this act, shall be re
quired to send such child to a public full-time day school for the
full time for which the public schools of the city, city and county,
65
TEX T OF LAW S— CALIFO RNIA.
01* school district in which the child resides shall be in session:
Provided, That the following classes of children shall be exempted
from the requirements of attendance upon public day school:
*
'
*
*
*
Exception,
*
5.
Children who hold a permit to work o. an age and schooling
certificate granted by the proper judicial or educational officers in
accordance with law.
LThe following subsections, 3a, 3b, 3c, and 3d, are added to this
a c t :]
Sec. 3a. First. The superintendent of schools of any city, or o f .Issue of pcrany city and county or of any county (over such portions of any mits*
such county as are not within the jurisdiction of any superin
tendent of city schools) shall have authority to issue to any em
ployer a permit to employ any minor of the age of fourteen years
who holds a diploma of graduation from the prescribed elementary
school course: Provided, That such permit shall be issued only
when the prospective employer, or the parent or guardian of the
minor, shall present to the superintendent asked to issue such per- Data requirC(3#
mit, ( 1 ) a physician’s certificate, or other evidence acceptable to
‘
#
such authority, that such minor is physically fitted for the labor
contemplated; and ( 2 ) a sworn statement by the parent, foster
parent, or guardian of such minor that such minor is past the age
of fourteen years, and that the parent or parents, or foster parent
or foster parents, or guardian of such minor is incapacitated for
labor through illness or injury, or that through the death or deser
tion of the father of such minor the family is in need o f the earn- Need of earn
ings of such minor, and that sufficient aid can not be secured in in^6*
any other manner. The person authorized to issue such permit in
granting the same shall make a signed statement that he, or a
competent person designated by him for this purpose, has carefully
investigated the conditions under which the application for such
permit has been asked, and has found that in his judgment the
earnings of such minor are necessary for such family to support
such minor, and that in his judgment sufficient aid can not be
secured in any other manner.
Second. No permit as specified in this section shall be issued ^
3
“ of
except upon a written statement from a prospective employer that
work is waiting for such minor and describing the nature of such
work. Such permit shall specify the name and address of the m£ontent per’
employer, the name, address, and age of the minor, the kind of
wrork for which the permit is issued and the date on which the
permit shall expire, which in no case shall be longer than six
months from the date of issuance of the permit. Such permit
shall be kept on file by the employer during the term of such
employment and all unexpired permits shall be returned by the
employer to the authority issuing the same within five days after
the termination of such employment. Such permit shall be issued
on forms prepared and provided in accordance with the provisions
orms’
of this act by the superintendent of public instruction. Such per
mit shall be subject to cancellation at any time by the superin
tendent of public instruction, or by the commissioner of the bureau
of labor statistics or by the person issuing the same, whenever
any such officer or person shall find that the conditions for the
legal issuance of such permit do not exist. Such permit shall be
always open to inspection by attendance and probation officers,
by the officers of the State bureau of labor statistics and by officers
of the superintendent of public instruction, and of the State board
of education.
Third. A duplicate copy of each permit to employ a minor D uplicate,
granted under provisions o f this act shall be kept by the person
issuing such permit, and a report of all such permits issued dur
ing the year shall be included in the annual report of the city
superintendent of schools to the county superintendent of schools.
The superintendent of schools of each county and of each city and
county shall include in his annual report to the superintendent of
1 7 5 7 ° — 2 1 ------ 5
66
L A B O R
L E G IS L A T IO N
O F
1919.
public instruction, a summary of all such reports, which shall in
clude a summary of all such permits to employ minors issued by
him during the year.
Vacation
per
Sec. 3b. Any minor over the age of twelve years and under the
m its.
age of fifteen years who holds a vacation permit issued as herein
after provided may be employed in any of the establishments or
occupations mentioned in section one of [* * * Act 1611, Gen
eral Laws, 1906], as amended, and in section one of * * *
[chapter 259, Acts of 1918], on the regular weekly school holidays
and during the regular vacation of the public schools of the
school district, city, or city and county, in which the place of
employment is situated. Vacation permits shall be signed by the
principal of the school, or secretary of the board of school trustees
or board of education having control of the school which such
minor is attending, or has attended during the term next preced
ing any such vacation. Such permits shall contain the name and
age of the minor to whom it is issued, and when issued for the
regular vacation, the date of the termination of the vacation for
which it is issued, and in any case shall be kept on file by the
employer during the period of employment, and at the termination
of such employment shall be returned to the minor to whom it
was issued.
Minors fifteen
Sec. 3c. First. No minor of the age o f fifteen years shall be
years of age.
employed, permitted, or suffered to work during the hours the
public schools are in session, unless such minor is provided with
an agevand schooling certificate as herein provided.
Second. An age and schooling certificate shall be approved
only by the superintendent of schools of the county, city, or city
and county, or by a person authorized by him in writing and
each application for an age and schooling certificate must be
acted upon within three days after such application has been
duly filed with the person legally authorized to issue such age and
schooling certificate: Provided, That any person authorized in
writing to issue age and school certificates as herein provided
shall on or before the thirtieth day of June of each year file
with the superintendent so authorizing him all duplicate copies
of such certificates issued by him during the school year. The
person authorized to issue age and schooling certificates shall
have the authority to administer the oaths necessary for carrying
out the provisions of this act, but no fees shall be charged for
administering such oaths or issuing such certificates. The person
authorized to issue age and schooling certificates shall not issue
such certificates until the minor in question, accompanied by its
parent or guardian, has personally made application to him there
Evidence.
for, and until he has received, examined, approved, and filed the
following papers duly executed: (1) The school record of such
minor, giving age, grade, and attendance for the current term,
duly signed by the principal or teacher. (2) Evidence o f age,
such as the school enrollment record, or a certificate of birth, or
a certificate of baptism duly attested, or a passport, or affidavit
of the parent, guardian, or custodian of such minor, such as shall
convince such officer that the minor is fifteen years of age or
upwards. (3) The written statement of the person, firm, or cor
poration in whose service the minor is about to enter, that he
intends to employ the minor, which statement shall give the
nature of the occupation for which the child is to be employed.
(4) A certificate signed by a physician appointed by the school
board or other public medical officer, stating that such minor has
been examined by him and, in his opinion, has reached the normal
development of a minor of its age and is in sufficiently sound
health and physically able to be employed in the work which it
intends to d o : Provided, however, That no fee shall be charged
the minor for such physician’s certificate.
Form.
Third. Age and schooling certificates shall be issued on forms
wThich shall be prepared and provided by the superintendent of
public instruction, and shall be substantially in the following
form, to w it:
TEXT OF LAWS— CALIFORNIA.
67
AGE AND SCHOOLING CERTIFICATE.
This certifies that I am the (father, mother or guardian) of
(name of the minor) and that (he or she) was born at (name of
city or town), in the county of (name of county, if known), and
State or country of (name of State or country), on the (day and
year of birth), and is now (number of years and months) old.
Signature as provided in this act.
Town or city and date.
There personally appeared before me the above named (name
of person signing) and made oath that the foregoing certificate by
(him or her) signed is true to the best of (his or her) knowledge
and belief.
I hereby approve the foregoing certificate of (name of child),
height (feet and inches), complexion (fair or dark), hair (color),
having no sufficient reason to doubt that (he or she) is of the
age therein certified, and I hereby certify that (he or she) has
dompleted the prescribed grammar-school course or that (he or
she) has completed the equivalent of the seventh grade of the
grammar-school course, and is a regular attendant for the then
current term upon a regularly conducted evening school or upon
a part-time continuation school or class.
Signature of the person authoried to sign, with his official char
acter and authority.
Town or city and date.
This certificate belongs to the person in whose behalf it is
drawn, and it shall be presented to (him or her) whenever (he
or she) leaves the services of the person, firm, or corporation
holding the same.
The certificate as to the birthplace and age of the minor under
sixteen and over fifteen years of age shall be signed by his father,
his mother, or his guardian, or other person having control or
charge of such minor.
Fourth. Every person authorized to sign the certificate pre
scribed by this act, who knowingly certifies to any false statement
therein, is guilty of a misdemeanor, and upon conviction thereof
shall be subject to a fine of not less than five nor more than
fifty dollars, or imprisonment for not more than thirty days, or
by both such fine and imprisonment.
Fifth. A duplicate copy of each age and schooling certificate
issued under the provisions of this act shall be kept by the county,
city, or city and county superintendent issuing or authorizing the
issuance of such certificates, and a report of all such certificates
issued during the year shall be included in the annual report of
each city superintendent of schools to the county superintendent
of schools. The superintendent of schools of each county and of
each city and county shall include in his annual report to the
superintendent of public instruction a summary of all such
reports and a statement of the number of all such age and
schooling certificates issued by him during the year.
Sixth. No minor having an age and schooling certificate, as
hereinbefore described, and no other minor under sixteen years of.
age, who would by law be required to attend school, shall be and
remain idle and unemployed for a period longer than two weeks
while the public schools are in session, but must enroll and attend
school: Provided, That within five days after any minor having
such age and schooling certificate shall have ceased to be em
ployed by any employer, such employer shall, in writing, notify
the issuing officer that such minor is no longer employed by such
employer, giving the latest correct address of such minor known
to such employer; and such issuing officer shall thereupon imme
diately notify the attendance officer having jurisdiction in the
place of such minor’s residence, giving the said latest known
correct address of such minor and stating that such minor is
not at work.
Misdemeanor.
Reports.
School attend-
68
LABOR LEGISLATION OF 1919.
Seventh. No minor of the age of fifteen years shall be permitted
to cease school attendance without securing an age and schooling
certificate as provided in this act.
Eighth. Nothing in this act shall be construed to repeal or in
any way modify the provisions o f sections fourteen and sixteen of
I * * * Act 1611, General Laws, 1906] as amended, or the pro
visions of sections three and one-half and five of an * * *
Lchapter 259, Acts of 1919].
Register, etc.
S e c . 3d. First. Every person, firm, corporation, or agent, or officer
x of a firm or corporation employing minors under the age of sixteen
years shall keep a register containing the names and addresses
of such minor employees and shall post and keep posted in a con
spicuous place in every room where such minors are employed a
written or printed notice stating the working hours per day for
each day of the week required o f such minors, and shall keep on
file all permits and certificates required by this act for minors
under the age of sixteen years. Such records and files shall be
open at all times to the inspection -of the school attendance and
probation officers and the officers o f the State bureau o f labor
statistics, of the superintendent o f public instruction, and of
the State board o f education.
Return of p ciExcept as otherwise provided in this act, all certificates and perllts*
mits shall be given up to such minor upon his quitting such em
ployment. Any age or schooling certificate. or permit granted
under this act shall be subject to cancellation at any time by the
commissioner o f the bureau of labor statistics, or by the superin
tendent of public instruction, or by the authority issuing such
certificate, whenever such commissioner, superintendent, or the
authority issuing such certificate shall find that conditions for
the legal issuance of such certificate no longer exist or have never
existed.
Violations.
Second. Any person, firm, corporation, agent, or officer of a
firm or corporation that violates or omits to comply with any of
the provisions of this act, or that employs or suffers or permits
any minor to be employed in violation thereof, is guilty o f a mis
demeanor, and shall, upon conviction thereof, be punished by a fine
of not less than fifty dollars or more than two hundred dollars,
or by imprisonment in the county jail for not more than sixty days,
or by both such fine and imprisonment for each and every offense.
A failure to produce any age and schooling certificate or vaca
tion permit to work or other permit issued under the provisions
of this act, or to post any notice required by this act, shall be
prima facie evidence o f the illegal employment of any minor for
whom an age and schooling certificate or permit is not produced.
[A new section to be numbered section 11a is added to this act,
said section to read as follow s: ]
iUght to enter.
g EC# n a. The attendance officer o f any county, city and county,
or school district in which any place of employment in this act
named is situated, or the probation officer of such county shall
have the right and authority at all times to enter into any such
place of employment for the purpose of investigating violations
of the provisions of this act: Provided, however, That if such
attendance or probation officer is denied entrance to such place
of employment, any magistrate may, upon the filing of an affi
davit by such attendance or probation officer setting forth the
fact that he has a good' cause to believe that the provisions of this
act are being violated in such place of employment, issue an order
directing such attendance or probation officer to enter said place
of employment for the purpose of making such investigations.
Approved May 10, 1919.
C hapter
Employment re-
259.—Employment of children— Child, labor law.
S e c t io n 1. No minor under the age of sixteen years shall be
employed, permitted, or suffered to work in or in connection
with any mercantile establishment, manufacturing establishment,
mechanical establishment, workshop, office, laundry, place of
TEXT OF LAWS— CALIFORNIA.
69
amusement, restaurant, hotel, apartment house, or in the distribu
tion or transmission of merchandise or messages, or in any other
place of labor at any time except as may be provided by the provi
sions of this act or by the provisions of * * * [Act No. 3574,
General Laws, 1906], as now in force or as may be hereafter
amended, or by- the provisions of * * * [chapter 506, Acts of
1919].
Work shall be deemed to be done for a manufacturing establish- Manufacturing,
ment within the meaning of this act, wThenever it is done at any
^
place upon the work of a manufacturing establishment, or upon
any of the materials entering into the products of a manufactur
ing establishment, whether under contract or arrangement with
any person in charge of or connected with a manufacturing estab
lishment directly or indirectly through the instrumentality of one
or more contractors or other third persons.
Sec. 2. Except as otherwise provided in sections three, three Hours of labor,
and one-half and five hereof no minor under the age of eighteen
years shall be employed more than eight hours in one day of
twenty-four hours or more than forty-eight hours in one week,
or before the hour of five o'clock in the morning, or after the hour
of ten o’clock in the evening.
Sec. 3. No girl under the age of eighteen years and no boy Messenger servunder the age of sixteen years shall be employed, permitted, o r ice*
suffered to work as a messenger for any telegraph, telephone, or
messenger company, or for the United States Government or any
of its departments wiiile operating a telegraph, telephone, or mes
senger service, in the distribution, transmission, or delivery of
goods or messages in towns of more than fifteen .thousand inhabi
tants, nor shall any boy under the age of eighteen years be em
ployed, permitted, or suffered to engage in any of the work last
mentioned before the hour of six o’clock in the morning or after
the hour of nine o’clock in the evening.
Sec. 3i. No boy under ten years of age, nor girl under eighteen street trades,
years of age, shall be employed, permitted, or suffered to work
at any time in or in .connection with the street occupation of
peddling, bootblacking, the sale or distribution of newspapers,
magazines, periodicals, or circulars nor in any other occupation
pursued in any street or public place: Provided, however, That
nothing in this section shall be construed to apply to cities wiiose
population is less than twenty-three thousand according to the
last Federal census.
Sec. 4. No minor under the age of sixteen years shall be em- Dangerous ocployed, permitted or suffered to work in any capacity at any 0 f cuPatlons*
the following occupations or in any of the following positions,
to w it: (1) Adjusting any belt to any machinery, or sewing or
lacing machine belts in any workshop or factory, or oiling, wiping
or cleaning machinery, or assisting therein, or operating or assist
ing in operating any of the following machines: (a) Circular or
band saws; (b) wrood shapers; (c) w^ood jointers; (d) planers;
(e) sandpaper or wTood-polishing machinery; (f) wrood-turning
or boring machinery; (g) picker machines or machines used in
picking wool, cotton, hair or any other material; (h ) carding
machines; (i) paper-lace machines; (j) leather-burnishing
machines; (k) printing presses of all kinds; (1) boring of drill
presses; (m) stamping machines used in sheetmetal and tinware
or in paper and leather manufacturing, or in washer and nut
factories; (n) metal or paper-cutting machines; (o) cornerstaying machines in paper-box factories; (p) corrugating rolls,
such as are used in corrugated paper, roofing or washboard fac
tories; (q)steam boilers; (r) dough brakes or cracker machinery
of any description; (s) wire or iron straightening or drawing
machinery; (t) rolling mill machinery; (u) power punches or
shears; (v) wrashing, grinding or mixing machinery; (w ) cal
ender rolls in paper and rubber manufacturing; (x ) laundering
machinery; or in proximity to any hazardous or unguarded belts,
machinery or gearing; or (2) upon any railroad, whether steam,
electric or hydraulic; or (3) upon any vessel or boat engaged in
70
Classification.
Exceptions.
Theaters.
LABOR LEGISLATION OF 1919.
navigation or commerce within the jurisdiction of this State;
or (4) in, about, or in connection with any processes in which
dangerous or poisonous acids are used; or (5) in the manufacture
or packing of paints, colors, white or red lead; or (6) in solder
ing; or (7) in occupations causing dust in injurious quantities;
or (8) in the manufacture or use of dangerous or poisonous dyes;
or (9) in the manufacture or preparation of compositions with
dangerous or poisonous gases; or (10) in the manufacture or use
of compositions of lye in which the quantity thereof is injurious
to health; or (11) on scaffolding; or (12) in heavy work in the
building trades; or (13) in any tunnel or excavation; or (14) in,
about or in connection with any mine, coal breaker, coke oven,
or quarry; or (15) in assorting, manufacturing or packing to
bacco; or (16) in operating any automobile, motor car or truck;
or (17) in a bowling alley; or (18) in a pool or billiard room;
or (19) in any other occupation dangerous to the life or limb,
or injurious to the health or morals of such ch ild : Provided,
however, That the provisions o f this section shall not apply to
the courses of training in vocational or manual training schools
or in State institutions.
The bureau of labor statistics may, from time to time, after a
hearing duly had, determine whether or not any particular trade,
process of manufacture, or occupation, in which the employment
of children under the age of sixteen years is not already forbidden
by law, or any particular method of carrying on such trade,
process of manufacture, or occupation is sufficiently dangerous
to the lives or limbs or injurious to the health or morals of
children under §ixteen years of age to justify their exclusion
therefrom. No child under sixteen years of age shall be em
ployed, permitted, or suffered to work in any occupation thus
determined to be dangerous or injurious to such children. There
shall be a right of appeal to the superior court from any such
determination.
Sec. 5. Nothing in this act shall be construed to prohibit the
employment of minors sixteen years of age or over at agricultural,
horticultural, or viticultural, or domestic labor for more than
eight hours in one day or more than forty-eight hours in one week.
Nor shall anything in this act be construed to prohibit the em
ployment of minors at agricultural, horticultural, or viticultural,
or domestic labor during the time the public schools are not in
session, or during other than school hours. For the purpose of
this act, horticultural shall be understood to include the curing
and drying, but not the canning, of all varieties of fruit. Nor
shall anything in this act be construed to prohibit any minor
between the ages of fifteen and eighteen years, who is by any
statute or statutes of the State of California, now or hereafter
in force, permitted to be employed as an actor, or actress, or per
former in a theater or other place of amusement, previous to the
hour of ten o’clock p. m. in the presentation of a performance,
play, or drama continuing from an earlier hour till after the
hour of ten o’clock p. m., from performing his or her part in such
presentation as such employee between the hours of ten and
twelve o’clock p. m .: Provided, The written consent of the com
missioner of the bureau of labor statistics is first obtained. Nor
shall anything in this act prevent, or be construed to prohibit,
the employment of any minor, whether resident or nonresident, in
the presentation of a drama, play, performance, concert, or enter
tainment, with the written consent of the commissioner of the
bureau of labor statistics, but no such consent shall be given unless
the officer giving it is satisfied that the environment in which the
drama, play, performance, concert, or entertainment is to be pro
duced is a proper environment for the minor, and that the con
ditions of such employment are not detrimental to the health of
such minor, and that the minor’s education will not be neglected
or hampered by its participation in such drama, play, performance,
concert, or entertainment, and the commissioner may require the
person charged with the issuance of age and schooling certificates
TEXT OF LAWS— CALIFORNIA.
to make the necessary investigation into such conditions; and
every such written consent shall specify the name and age of the
minor together with such other facts as may be necessary for the
proper identification of such minor, and the date when, and the
theaters or other places of amusement in which such drama,
play, performance, concert, or entertainment is to be produced,
and shall specify the drama, play, performance, concert, or enter
tainment in which the minor is permitted to participate, and every
such consent shall be revocable at the will of the officer giving it,
Dramas and plays shall include the production of motion-picture
plays.
Sec. 6. Every person, firm, corporation, or agent, or officer of a firm
or corporation, employing either directly or indirectly through the
instrumentality of one or more contractors or other third persons,
minors under the age of eighteen years, shall keep a separate reg
ister containing the names, ages, and addresses of such minor
employees and shall post and keep posted in a conspicuous place
in every room where such minors are employed, a written or
printed notice stating the hours per day for each day of the
week required of such minors, and shall keep on file all permits
and certificates either to work or to employ, issued under the pro
visions of this act or under the provisions of * * * [Act No.
3574, General Laws, 1906], as amended. Such records and files
shall be open at all times to the inspection of the school attendance
and probation officers, the State board of education, and the
officers of the State bureau of labor statistics.
All such certificates and permits to work or to employ shall
be returned to the authority issuing the same within five days
after the minor quits his employment. Such certificate or permit
shall be subject to cancellation at any time by such commissioner
of the bureau of labor statistics, or by the authority issuing the
same, whenever such commissioner or such issuing authority shall
find that the conditions for the legal issuance of such certificate
or permit no longer exist or have never existed.
At least once in every six months, to wit, on or before January
tenth and on or before July tenth of each year, the authority
issuing all such permits and certificates either to work or to em
ploy shall file a full written report of the same stating the names,
ages, and addresses of the minors under sixteen years of age af
fected thereby, with the State bureau of labor statistics an d the
State board of education.
Sec. 7. Any person, firm, corporation, agent, or officer of a firm
or corporation, employing either directly or indirectly through the
instrumentality of one or more contractors or other third persons,
or any parent or guardian of a minor affected by this act, who
violates or omits to comply with any of the provisions hereof, or
who employs or suffers or permits any minor to be employed in
violation thereof, is guilty of a misdemeanor, and shall, upon con
viction thereof, be punished by a fine of not less than fifty
dollars, nor more than two hundred dollars, by imprisonment in
the county jail for not more than sixty days, or by both such fine
and imprisonment for each and every offense.
A failure to produce any permit or certificate either to work or
to employ or to post any notice required by this act shall be prima
facie evidence of the illegal employment of any minor whose
permit or certificate is not so produced or whose name is not so
posted. Any fine collected under the provisions of this act shall
be paid into the school funds of the county, or city and county, in
which the offense occurred, except such fines as are imposed and
collected as the result of prosecutions by the officers of the bureau
of labor statistics, in which cases one-half of the resultant fine
or fines shall be paid into the State treasury and credited to the
contingent fund of the bureau of labor statistics and one-half
paid into the school funds of the county, or city, or city and
county, in which the offense occurred. All reported violations of
the provisions of this act, whether prosecuted or not, must be re
ported in writing immediately after their occurrence by the State
71
Register, etc.
Return.
Report.
Violation®.
Evidence.
Fines.
Reports*
n
LABOR LEGISLATION OF 1919.
bureau of labor statistics to the State board of education. Such
report shall state the name and address of the person or corpora
tion charged with such violation, the nature of such charge, and
the name, age, and address of the minor or minors affected thereby,
and shall be followed, at least once in every six months, to wit, on
or before January tenth, and on or before July tenth of each year,
by a written summary of all violations of the provisions of this
act which have occurred during the preceding period of six
months.
Enforcement.
gEC> §. The bureau of labor statistics shall enforce the pro
visions of this act. The commissioner, his deputies and agents,
shall have all the powers and authority of sheriffs or other peace
officers, to make arrests for violations of the provisions of this
act, and to serve any process or notice throughout the State.
The attendance officer of any county, city and county, or school
district in wThich any place o f employment, in this act named, is
Frobation offi- situated, or the probation officer of such county, shall have the
cer.
right and authority, at all times, to enter into any such place of
employment for the purpose of investigating violations of the
provisions of this act or violations o f the provisions o f an act
entitled “An act to enforce the educational rights o f children
and providing penalties for the violation of the act,” approved
March 24, 1903, and any act amending or superseding the
same: Provided, however, That if such attendance or proba
tion officer is denied entrance to such place o f employment, any
magistrate may, upon the tiling of an affidavit by such attendance
or probation officer setting forth the fact that he has a good cause
to believe that the provisions of this act, or the act hereinbefore
referred to, are being violated in such place of employment, issue
an order directing such attendance or probation officer to enter
said place of employment for the purpose of making such investi
gations.
R p ai.
S e c . 9. All acts and parts of acts inconsistent herewith are
hereby expressly repealed.
Pvovivious sev- Sec. 10. I f any section, subsection, sentence, clause or phrase
ei ab'.e.
of this act is for any reason held to be unconstitutional, such de
cision shall not affect the validity of the remaining portions o f
this act. The legislature hereby declares that it wrould have
passed this act, and each section, subsection, sentence, clause, and
phrase thereof, irrespective of the fact that any one or more other
sections, subsections, sentences, clauses or phrases be declared
unconstitutional.
Approved May 10, 1919.
C hapter
373.—Retirement system for county employees.
[This act authorizes any county o f the State, on a four-fifths
Establishment vote of its board o f supervisors, to establish a retirement system
of i etii ement sys- for its employees, including appointive officers. Retirement is
tem.
optional at 60 after 10 years’ service, and is compulsory at the age
of 70; but annual extensions are provided for on certification of
willingness and ability to serve. Retirement after 35 years o f
service is provided for, regardless o f age; also for disability from
any cause.
ContributiDns.
regular employees are to become members o f the retirement
association, and contribute normally.$4 monthly to the fund. A
lower rate (not less than $2) may be paid by employees receiving
less than $80 per month, if the retirement board so determines.
No person shall be called upon to contribute longer than 25 years.
Expenses.
Expenses of administration are to be met by the county. The
county also makes contribution to the retirement fund after ten
years’ contributions by an employee, in a sum equal to his contri
butions to date, and an amount monthly thereafter for not more
than 15 years, equal to the employee’s monthly payments to the
fund.
Payments.
Benefits may be either a life annuity payable quarterly; or
such an annuity with a proviso that, in case of death before the
73
TEXT OF LAWS— CALIFORNIA.
receipt of benefits equal in amount to the employee’s contributions
with accrued interest, the balance shall go to his legal representa
tives. Annuities for permanent disability are based on the em
ployee’s deposits and the county’s contributions. If disability is
due to injury for which compensation or damages are recovered,
the injured man will receive only a refund of his deposits, with
interest. I f the employee’s deposits and the contribution by the
county do not aggregate more than $500, such amount shall be
paid to the retiring employee in a lump sum, in lieu of an annuity.]
C hapter
418.— Rehabilitation of physically defective men.
S e c t io n 1. The sum of eight thousand five hundred dollars, or so
much thereof as may be necessary, is hereby appropriated out
of any money in the State treasury not otherwise appropriated, to
defray the expenses for medical, surgical, dental, and hospital care
and treatment incurred, during the seventieth fiscal year, in the
removal of physical disqualifications and in the rehabilitation of
certain California men examined for Federal military service and
rejected by reason of physical defects under the operation of the
United States selective service law.
Approved May 23, 1919.
C hapter
Scope of law.
Classification.
Exceptions.
450.— Homes for workingmen— Land settlement board.
[This chapter amends chapter 755, Acts of 1917. While retain
ing its former purpose, it also declares the purpose of the law
to be to provide employment and rural homes for service men of
the United States Army and repatriated members of the allied
armies.
Cooperation with the United States Government and other public
corporations or agencies is authorized. The board is given au
thority to make rules and regulations, without the approval of the
governor, which was required by the original act. A new section
is added providing for the rescission of contracts where pur
chasers fail to comply with the terms.
Many other sections are amended, but the changes do not affect
the general purpose and methods of the act.]
C hapter
Uses.
421.— Employment agencies— Trade schools.
S e c t io n 1. Any person, firm, association, or corporation who
conducts for gain any trade school or classes of instruction for
the teaching in whole or in part of any trade, art, science, or
occupation requiring special skill, and who, for gain or hire fur
nishes or agrees to furnish in connection therewith facilities or
information to pupils and employers of labor whereby the labor
or services o f any such pupils are engaged to be employed in the
trade, art, science, or occupation thus taught at stipulated wages
or other valuable consideration, shall be held to conduct a private
employment agency and be subject to all the laws and regulations
governing such agencies.
S e c . 2. Nothing contained in this act shall apply to trade schools
or classes of instruction conducted by or in connection with any
public school, public institution, parochial school, charitable school
or institution, private business schools teaching shorthand, type
writing, bookkeeping, mechanical, and other usual business sub
jects or trades schools connected therewith or any school employ
ing teachers having certificates issued by the public school au
thorities to teach any particular trade, art, science, or occupation.
Approved May 23, 1919.
C hapter
Appropriation.
471.— Employment of labor— Provisions for safety—
Potoers of industrial accident commission.
[This chapter amends various sections of Chapter 586, Acts of
1917. Section 33 is amended by striking out from subsection (1)
the words “ for direct or indirect gain or profit,” and from sub-
Powers.
74
LABOR LEGISLATION OF 1919.
section (4) the words “ in consideration of direct or indirect gain
or profit.”
Section 37 is amended so as to make its prohibitions apply to any
other person as well as to employees, and to the removal of notices
and warnings as well as of safeguards.
A new section, numbered 46£, is added, to read as follow s:!
Enjoining unS e c . 46£. If the condition of any employment or place of employsafe operations, m e n t, or the operation of any machine, device, or apparatus shall
constitute a serious menace to the lives or safety of persons about
it, the commission, or commissioner, may apply to the superior
court of the county in which such place of employment, machine,
device, or apparatus is situated for an injunction restraining the
use or operation thereof until such condition shall be corrected.
The said application accompanied by affidavit showing that such
place of employment, machine, device, or apparatus is being oper
ated in violation of a general or special safety order of the com
mission, and that such use or operation constitutes a menace to the
life or safety of any person or persons employed thereabout, accom
panied by a copy of the order or orders applicable thereto, shall
constitute a sufficient prima facie showing to warrant, in the
discretion of the court, the immediate granting of a temporary
restraining order. No bond shall be required from the commission
as a prerequisite to the granting of any restraining order. When
in the opinion of the industrial accident commission a machine,
or any part thereof, is in a dangerous condition or is not properly
guarded or is dangerously placed, the use thereof shall be pro
hibited by tire commission, and a notice to that effect shall be
attached thereto. Such notice shall not be removed except by an
authorized representative of the commission, nor until the ma
chinery is made safe and the required safeguards or safety appli
ances or devices are provided, and in the meantime such unsafe or
dangerous machinery shall not be used.
Death.
[Section 53 is amended by inserting after the first sentence,
which directs accidents to be reported, the following:]
Provided, That such report shall not be required unless disability
resulting from such injury lasts through the day of the injury or
requires medical service other than ordinary first-aid treatment.
Where the injury results in death a report shall be made by the
employer to the commission by telephone or telegraph forthwith.
[Section 54 is amended by striking out the words “ inspector,
referee,” in paragraph (b), and adding thereto the words “ and
in the performance of such duties shall have the power to subpoena
witnesses, administer oaths, and take testimony.” ]
Chapter 506.— Vocational, etc., education— Part-time schools—•
Evening classes.
Section 1. The high-school board of each high-school district
wherein there were enrolled in the regular day classes of the
high schools of said district during the school year next pre
ceding, fifty or more persons living within a radius of three miles
of a high school located in said district, must establish and main
tain, under the provisions of section one thousand seven hundred
fifty c of the Political Code, special day part-time classes which
Minors 14 to 18. shall provide at least four sixty-minute hours of instruction per
week for all persons within the district who are over fourteen
and under eighteen years of age who are not in attendance upon
full-time public or private day schools for four or more sixtyminute hours per week, and who are not subject to the provisions of
* * * [Act No. 3574, General Laws, 1906], as amended. Said
classes must be maintained between the hours of eight a. m. and
five p. m. and must provide suitable instruction for the various
individuals for whose benefit they are established.
Eighteen to 2 1 .
g EC. 2. The high-school board of each high-school district
wherein there are living, within a radius of three miles of any
lafses^ timC
cass *
TEXT OF LAWS— CALIFORNIA.
75
high school located in said district, twenty or more persons over
eighteen and under twenty-one years o f age who expect to remain
in the district for a period o f two or more months, who are not
in attendance for at least four sixty-minute hours per week
upon regular full-time public or private day schools, or suitable
part-time day classes such as those specified under section one of
this act, and who can not speak, read, or write the English lan
guage to a degree o f proficiency equal to that required for the com
pletion o f the sixth grade o f the elementary schools o f this State,
must establish and maintain special classes in evening schools or
special evening classes under the administration o f day schools, as Evemn= classes,
authorized by section one thousand seven hundred fifty c o f the
Political Code. Said classes shall provide instruction in citizen
ship for such persons for at least four sixty-minute hours per
week for at leat thirty-six weeks of the school year.
Sec. 3. First. All persons under eighteen years o f age who are
Attendance retoo old to be subject to the provisions o f ♦ * * [A ct No. ^uired*
3574, General Laws, 1906] as amended, who have not graduated
from a high school maintaining a four-year course above the
eighth grade o f the elementary school, or who have not had an
equal amount o f education in a private school or by private tuition,
who are not disqualified for attendance upon these classes because
o f their physical or mental condition, or because o f personal service
that must be rendered to their dependents, who reside within three
miles o f a suitable class maintained, either voluntarily or under
the provisions o f this act by a high-school district, and who are
not in attendance upon a public or a private full-time day school
or satisfactory part-time classes maintained by other agencies,
shall be, and hereby are, required to attend upon a special parttime class maintained by the high-school board o f the district
wherein they reside, or by the high-school board o f an adjoining Special h ig h
district, for not less than fou r sixty-minute hours per week f o r sc 00 *
the regularly established annual school term : Provided, That the
local school authorities may accept in lieu thereof not less than
one hundred forty-four hours o f attendance which, beginning with
/
the opening o f the high schools o f the district for the year, shall
be accumulated at the rate o f not less than four sixty-minute
hours per w eek: And provided further, That the local school
authorities may, in their discretion, arrange with the parents,
guardian, or other person responsible for any minor for his fu ll
time attendance upon a special class maintained for such minor
at a convenient season wherein he may secure the one hundred
forty-four hours o f attendance required o f him under the pro
visions o f this act. When any such parent, guardian, or other
person responsible for such minor agrees with the local school
authorities that said minor shall attend full-time classes for any
given period, such parent, guardian, or other person becomes re
sponsible for said minor’s compulsory attendance upon these classes
for said period.
Second. All persons over eighteen and under twenty-one years
o f age who can not speak, read, or write the English language
to a degree o f proficiency equal to that required for the comple
tion o f the sixth grade o f the elementary schools o f this State;
who live within a radius o f three miles o f an evening class main
tained by a high-school district, either voluntarily or under the
provisions o f this act, for the instruction o f such persons; who Soecial eraLm.
expect to remain in the district for a period o f two or more mar school,
m onths; who are not disqualified for attendance upon these classes
because o f their physical or mental condition, or because o f per
sonal service that must be rendered to their dependents; and
who are not in attendance upon a public or private full-time day
school or upon a class established under the provisions o f section
one o f this act for such persons under eighteen years o f age shall
be, and hereby are, required to attend for at least four sixty-minute
hours per week upon a special day or evening class maintained
by a high-school district for persons who can not speak, read, or
write the English language.
76
Subjects.
LABOR LEGISLATION OF 1&19.
S e c . 4. First. It shall be the duty o f the local school authorities
to provide, in so far as possible, through the classes established
under section one o f this act, educational opportunities which shall
be suitable for the different needs o f the various persons attending
them. In carrying out the provisions o f this a c t :
(a ) They shall establish and maintain short unit courses and
give instruction in civic and vocational subjects and subjects sup
plementing home, farm, commercial, trade, industrial, or other
occupations; and they may give instruction in any elementary,
secondary, or other school subject.
(b ) They shall provide for individual counsel and guidance in
social and vocational matters for each pupil enrolled in these
classes.
(c ) They shall give all persons who are engaged in skilled occu
pations and who are enrolled in these classes opportunity to better
qualify themselves fo r said occupations.
(d ) They shall give all persons who are engaged in unskilled
occupations or in occupations that do not offer educational oppor
tunities and who are in attendance upon these classes opportunity
to prepare themselves for skilled occupations or for occupations
that offer opportunities for promotion or further education.
(e ) They shall provide instruction in home economics subjects
for those who desire and need work o f this character.
Citizenship.
( f ) They shall provide instruction in oral and written English
and in the duties and responsibilities o f citizenship for persons
enrolled in these classes who can not speak, read, or write the
English language to a degree o f proficiency equal to that required
for the completion o f the sixth grade o f the elementary schools o f
this State.
Standards.
(g ) They shall not require o f pupils a minimum uniform stand
ard o f proficiency in any subjects maintained in these classes,
except in those subjects designed to prepare fo r other classes or
other schools.
Work permits.
(h ) They shall require the principal o f the school to issue in
his name a combined school enrollment certificate and permit to
w ork to each person enrolled in these classes, and a duplicate o f
said certificate for his parents, guardian, or other person having
control or charge o f him, and from time to time such duplicates
o f said certificates as are necessary for filing with his employers,
together with such other blanks as may be necessary for the use
o f employers in reporting to the principal information concerning
the employment o f said person. Said certificate shall give the
name, age, and residence o f the pupil, the name and residence o f
his parents, guardian, or other person having control or charge
o f him, the time o f day during which and the days on which he is
in attendance upon the classes, and the character o f work that
he is pursuing. Said certificate shall also state any physical or
other condition that should limit the employment o f said pupil
and shall state the date o f issuance and the date o f expiration.
Said certificate shall be issued to persons enrolling in these classes
within five days after their enrollment. Certificates issued during
the first school term shall expire five days after the opening o f the
next succeeding school term o f the year, and certificates issued
during the last term o f the school year shall remain valid until
five days after the opening o f the first school term o f the succeeding
year.
Instruction.
Second. It shall be the duty o f local school authorities that
maintain classes under the provisions o f section tw o o f this act to
provide, for persons who can not speak, read, or write the English
language, to a degree o f proficiency equal to that required for the
completion o f the sixth grade o f the elementary schools o f this
State, instruction in such subjects and in the duties and respon
sibilities o f citizenship.
Duties of par
S e c . 5. Each parent, guardian, or other person having control or
ents.
charge o f any minor required under the provisions o f section three
o f this act to attend special part-time classes, must compel the
attendance o f such minor upon the same. He must retain a copy
TEXT OF LAWS— CALIFORNIA.
77
o1‘ the certificate o f school enrollment and permit to work pro
vided for under section four o f this act, and must present the
same upon request o f any officer o f the law or other person au
thorized to enforce the provisions o f this act.
Should any such parent, guardian, 01* oth er, person having con- Penalty,
trol or charge o f any such minor fail to perform any o f the above
duties, he shall be deemed guilty o f a misdemeanor and, upon con
viction, shall be liable, for the first offense, to a fine o f not more
than ten dollars or to imprisonment for not more than five days,
and for each subsequent offense he shall be liable to a fine o f not
less than ten dollars nor more than fifty dollars, or to imprison
ment for not less than five days nor more than twenty-five days,
or to both such fine and imprisonment.
S ec 7. The employer o f any jn in or under eighteen years o f age Duties of cm
who is too old to be subject to compulsory full-time school at* payers,
tendance under the provisions o f * * * [Act No. 3574, General
Laws, 1906], as amended, and who resides in a high school dis
trict wherein section three o f this act has become "operative, shall
require o f said minor a school enrollment •certificate and permit
to work issued by a high school or elementary school principal o f
a school in the district. Such certificate shall be the authorization
o f the employer to employ said minor for the period between the
date o f the issuance o f the certificate and the date o f its
expiration.
Under no conditions shall any person employ
a minor under eighteen years o f age who is too old to be
subject to compulsory full-time school attendance under the
provisions o f [the above] act * * * and who does not pre
sent such a school enrollment certificate arid permit to work. The
employer shall file and retain permanently said school enrollment
certificate and permit to work. Within five days after the begin
ning: o f employment he shall send to the principal o f the school
issuing said enrollment card and permit to work a written notifica
tion o f such employment. In said notification he shall briefly
describe the character o f the work perform ed by the minor and
the time o f day during which and the days o f the week on which
he is employed. Said employer shall retain and file, with the
enrollment certificate and permit to work mentioned above, a
copy o f this notification: Provided, That, except in agricultural
and home-making occupations, it shall be illegal for any one or
more employers to employ a minor under eighteen years o f age
for a greater number o f hours each day than will, i f added to the
number o f hours that he is compelled to attend school under the
provisions o f this act, equal eight hours. It is hereby made the
duty o f the principal o f the school which any pupil subject to the
provisions o f this act attends, to add his hours o f compulsory daily
school attendance and employment, and should the sum o f such
school attendance and employment exceed eight hours for any
day o f the week, said principal shall giv6 notification to this
effect to any employer who may be employing any such pupil
after he has already served eight hours in compulsory school
attendance and at employment for any such day. Except in
agricultural or home-making occupations, it shall be illegal for
any employer knowingly to employ on any day a minor under
eighteen years o f age who is subject to the provisions o f this act,
and who has already served during said day eight hours o f time
in compulsory school attendance and at employment combined.
Sec. 8. Any person, firm, corporation, agent, or officer o f a firm Violations.
01* corporation that violates or omits to comply with any o f the
provisions o f this act, or that employs or suffers any minor under
eighteen years o f age who is too old to be subject to compulsory
full-time, school attendance under the provisions o f * * *
[Act No. 3547, General Laws, 1906]. as amended, to be employed
in violation thereof, is guilty o f misdemeanor and shall, upon con
viction thereof, be punished by a fine o f not less than fifty dollars
nor more than two hundred dollars, or by imprisonment in the
county jail for not more than sixty days, or by both such fine and
imprisonment for each and every offense. Failure to produce an
LABOR LEGISLATION OF 1919.
78
Enforcement.
enrollment certificate and permit to work, such as that provided
fo r in section four o f this act, and a duplicate o f the written noti
fication o f employment sent to the high school board, as provided
for in section seven o f this act, shall be prima facie evidence o f the
illegal employment o f any minor whose enrollment certificate and
permit to work is not produced.
S e c . 9. It shall be the duty o f the clerk o f the high school board,
a truant officer or other person authorized by said board to bring
such actions, to bring an action against any person, firm, or cor
poration, agent or officer o f a firm or corporation that employs
a minor in violation o f the provisions o f this act.
Approved May 27, 1919.
C hapter
512.— Contracts of employment— Limitations.
[Section one thousand nine hundred eighty o f the Civil Code is
amended by fixing five years as the maximum term o f a contract
to render personal service, instead o f two years.]
C hapter
518.— Payment of wages, etc., by contractors— Embezzlement.
S e c t io n 1. Section five hundred six o f the Penal Code is hereby
amended so as to read as fo llo w s :
Section 506. * * * and any contractor who appropriates
Misappropria
tion of funds.
money paid to him for any use or purpose, other than for that
which he received it, is guilty o f embezzlement, and the payment
o f laborers and material men for work performed or material fu r
nished in the performance o f any contract is hereby declared to
be the use and purpose to which the contract price o f such con
tract, or any part thereof, received by the contractor shall be
applied.
Approved May 27, 1919.
C hapter
Priority of
plication.
Preference.
Purpose.
654.— Civil
service— Labor class— Preference
charged soldiers, etc.
of
dis
[Sections 15 and 27 o f the State civil service act o f 1913 are
amended to read as fo llo w s :]
Section 15. The commission shall provide by rule for the employ
ap
ment o f laborers in the labor class in the order o f priority o f ap
plication for employment. There shall be separate lists o f appli
cants for different kinds o f labor, and the commission may provide
separate labor registration lists for departments, institutions, dis
tricts or localities. The commission may require an applicant
for registration to pass such examination as they may deem proper
with respect to his age, residence, physical condition, ability to
labor, skill, capacity and experience. The commission shall estab
lish such time as it may deem expedient fo r the duration o f eligible
lists in the labor class.
Section 27. When proper proof is presented to the State civil
service commission that an applicant is a veteran, as defined in
this act, and such veteran stands equal in percentage in any civil
service examination for original entrance into the public service,
with any other applicant or applicants taking the same examina
tion, it shall be the duty o f the State civil service commission to
show such veteran preference by giving him the higher rank.
[A new section numbered 28 is added to the act reading as
follow s:]
S e c . 28. It is the purpose o f this act to give preference, in the
manner set forth in the foregoing section, to all persons who have
served the Government and the people in the Army, Navy, Marine
Corps, Revenue Marine Service, or as active nurses in the Am eri
can Red Cross or the Army and Navy Nurse Corps, and particu
larly to persons who have rendered such service during the AllyGermanic W ar, the Spanish-Ainerican W ar, the Philippine insur
rection, the Boxer uprising, the Indian wars, or the Civil W ar.
Approved May 27, 1919.
TEXT OF LAWS— CALIFORNIA.
79
RESOLUTIONS.
C hapter
19.— Unemployment investigation.
W h e r e a s , There now exists a condition o f unemployment w hich
Basis,
is serious and threatens to become more serious, which condition is
caused almost entirely by the change o f our industrial and eco
nomic life from a w ar to a peace b a sis; and
W h e r e a s , It appears that many o f our young men who aban
doned their occupations and relinquished their business in order
to serve their country are now returning to find their occupation
gone and their business dissipated, and that they are without
m oney; and
W h e r e a s , There is a permanent condition o f seasonal employ
ment o f California— and that this condition w ill be aggravated
by the reconstruction adjustment from a w ar basis to a peace
b a sis: Now, therefore, be it
Resolved by the assembly, the senate concurring, That the Legislative tom
speaker o f the assembly shall appoint four members, and th e mi
president o f the senate shall appoint four mem bers; said com*
mittee to serve without compensation, but to have all necessary
expenses paid, and who shall act as a committee o f the legislature
to investigate the matters contained in this resolution, and any
others appertaining thereunto and who shall furnish recommen
dations to the legislature upon reconvening after the constitu
tional recess as to some appropriate legislative action to be taken
which may relieve the conditions set forth in this resolu tion ; and
be it further
Resolved, That the committee shall have power to employ a Powers*
secretary and such other assistants as it may deem necessary,
and to secure necessary data from the State labor commissioner,
immigration and housing commission, board o f control, United
States Labor Department, and other State or Federal offices,
departments, or bureaus at a cost not exceeding the sum o f two
thousand dollars, such cost to be paid equally by the senate and
the assembly, respectively, out o f their respective contingent
funds.
Filed with the secretary o f state, January 25, 1919.
COLORADO.
ACTS OF 1919.
Chapter 79.— Employment of labor— Fraud.
[This chapter amends chapter 54, Acts o f 1917, by adding a
third section, as fo llo w s :]
Enforcement.
Sec. 3. F or the purpose o f carrying out the provisions o f this
act, the deputy State labor commissioner shall recommend, and
the secretary o f state, as labor commissioner ex officio, shall*
appoint, one clerk, who shall receive an annual salary o f twelve
hundred dollars ($1,200) each [sic], to be paid as other State
officers.
Approved April 16, 1919.
C h a p te r 95.— Coal mine regulations.
[This act amends several sections o f the coal mining code,
chapter 56, Acts o f 1913, as amended by chapter 45, Acts o f 1917.
Section 3 is amended to increase the number o f deputy inspec
tors from five to six.
Section 6 is amended to require the members o f the board o f
examiners to file their expense vouchers with the auditor o f
state instead o f the secretary o f state.
Section 21 is amended by increasing the salary o f the chief
inspector from $4,000 to $4,400.
Section 24 is amended by increasing the salaries o f the chief
clerk from $1,500 to $1,800 and that o f the assistant clerk from
$1,200 to $1,500.
Section 27 is amended by requiring the chief mine inspector to
divide the State into 6 districts instead o f 5 as heretofore.
Section 28 is amended by changing the number o f districts from
5 to 6.
Section 29 is amended to read as fo llo w s :]
Section 29. The deputy inspectors in office December 31, 1918,
shall receive an annual salary o f three thousand dollars each ;
and deputy inspectors appointed after January 1, 1919, shall re
ceive a salary o f tw o thousand five hundred dollars per annum
for the first year o f service and one hundred dollars additional fo r
each succeeding and continuous year o f service thereafter until
the maximum salary o f three thousand dollars is reached, together
with their actual and necessary traveling expenses incurred in
the performance o f their official duties, payable monthly out o f
the coal mine-inspection fund hereinafter provided for.
A ll expense accounts shall be itemized and approved by the
chief inspector.
[Section 40 is amended by reducing from one year to 6 months
the time to be worked in mines in Colorado to give workmen a
right to take the examination for certified positions.
Section 44 now directs a mine foreman to be employed in all
mines, instead o f in those in which ten or more underground
workers are em ployed; but a competent owner “ may act in that
capacity.” ]
[Section 159 is amended so as to read as fo llo w s :]
Section 159. Only wooden tamping bars shall be used for tamp
ing permissible powder or other explosives where detonators are
used.
In all mines generating explosive gas in dangerous quantities
blasting shall be done only by electric batteries; and where shot
firers are employed blasting shall commence one hour after the
1757°— 21------ 6
Salary,
Blasting*
81
82
LABOR LEGISLATION OF 1919.
regular quitting time and after all employees except shot firers
are out o f the mine.
Approved April 9, 1919.
C hapter
Superintend
ents.
97.— Free public employment offices.
S e c t io n 1. Section 2466 o f the Revised Statutes o f 1908 is
amended to read as fo llo w s :
Section 2466. Within sixty days after this act shall have been
in force, the secretary o f state, as commissioner o f labor ex officio,
shall appoint a superintendent and assistant superintendent wTho
shall act as clerk for each o f the offices created by section 1 o f
this act, who shall devote their entire time to the duties o f their
respective offices. The tenure of such appointment shall be two
•years, unless sooner removed for cause. The salary o f each super
intendent shall be twelve hundred dollars ($1,200) per annum;
the salary o f each assistant superintendent shall be one thousand
two hundred dollars ($1,200) per annum, together with the proper
amounts for defraying the necessary cost o f equipping and main
taining the respective offices.
Approved April 16, 1919.
C hapter
Office force.
[This act amends section one o f chapter 132, Acts of 1911, by
increasing the amount allowed for traveling expenses from $600
to $1,200 per annum; also by adding the follow in g :]
Provided, That the deputy labor commissioner, being chief fa c
tory inspector, shall recommend and the secretary o f state appoint a
clerk with a salary o f twelve hundred dollars ($1,200) per annum :
And be it provided, That a stenographer shall be recommended
by the (Yputy labor commissioner and the chief factory inspector,
and appointed by the secretary o f state, with a salary o f twelve
hundred dollars ($1,200) per annum ; the said appointees shall
receive their said salaries upon vouchers issued by the chief fa c
tory inspector and paid in the same manner as other State officers
o f the State o f Colorado are p a id : And be it further provided,
That a fund not to exceed five hundred dollars ($500) per annum
shall be appropriated in this bill for the purpose o f paying for
printing, stationery, postage, and such other supplies and equip
ment as are necessary in the office o f the chief factory inspector;
and to provide for any expenses through arbitration as provided in
section 7 o f this act.
Approved April 16, 1919.
C hapter
Scope of law.
Inspection.
122.— Factory, etc., inspection.
158.— Mine regulations— Bureau of mines.
[This act amends several sections o f the Revised Statutes.
Section 4263 is amended so as to read as fo llo w s :]
Section 4263. It shall be the duty o f the inspector to examine
all ore mills, sampling works, smelters, metallurgical plants, rock
quarries, clay pits, and mines in this State o f whatever kind or
character except coal m ines; the manner and methods o f working
and timbering and the system o f signals used in the mines and
the efficiency o f the sam e; and examine the condition o f all build
ings, machinery, and other mechanical equipment used in and
about said plants, all the open workings and exits in each mine,
and how the same are ventilated, the sanitary conditions in, around,
and about said plants, and how and where all explosives and in
flammable oils and supplies are stored, and make a report to the
commissioner o f the result o f the examination o f each property
immediately after the inspection.
Such examination shall be made without previous notice to the
owner, agent, manager, lessee, or person in charge o f the prop
erty to be examined.
83
TEXT OF LAWS— COLORADO.
[Section 4268 is amended by requiring annual statistical re
ports, o f which 1,500 copies shall be printed; biennial reports o f
the disbursements o f the bureau are to be made as heretofore.
Section 4269 is amended so as to conform to the enlarged scope
o f the law, access to all places named being required. The phrase
“ whenever the mine is in operation ” is stricken out.
Section 4270, as amended by chapter 91, A cts o f 1911, is amended
so as to conform to the enlarged scope o f the law.
Section 4299 is amended so as to read as follo w s :]
Section 4299. Any owner, person, or persons in charge o f or
operating any ore mill, sampling works, smelter, metallurgical
plant, rock quarry, clay pit, or mine of whatever kind or char
acter, except coal mines, shall report to the bureau o f mines and
state when work is commenced and when stopped, and shall re
port annually on or before March 1st o f each year for the previous
calendar year the names o f the owner or owners, managers, lessee
or lessees, or person or persons in charge o f said work, together
with the post-office address of each, and the name o f each claim or
claims operated, the name o f the county and mining district,
together with the number o f days operated, the number o f men
employed, directly or indirectly, the same being classed according
to place o f employment, underground, surface on mines, and in
or about other wrorks, giving the total number o f hours o f em
ployment for which compensation is p a id; also any other data
which may be required by the commissioner. The necessary
blanks to carry out the provisions of this act shall be furnished
by the commissioner o f mines upon application.
[Sections 4300, 4303, 4304, and 4305 are amended so as to con
form to the enlarged scope o f the law.]
C h apter
Reports,
159.— Wage brokers— Assignments of ivages.
[This chapter enacts a small loan law o f the standard type.
It covers loans o f not more than $300, for which interest not in
excess o f 12 per cent per annum may be charged. A license is
required for each place o f business, for which an annual fee o f
$50 is charged. The standard provisions as to records, receipts,
etc., appear. No fee other than an inspection fee o f one dollar
may be charged, and this not oftener than four times a year.
The section relating specifically to wage assignments is as
fo llo w s :]
S e c t io n 1 6. No assignment o f or order for the payment o f any What assig.nsalary or wages, earned or to be earned, given to secure any su ch ments valld*
loan shall be valid unless such loan is contracted simultaneously
with its execution; nor, unless in writing signed in person by the
b orrow er; nor, if the borrower is married, unless signed in person
by both husband and w ife : Provided, That written assent o f a
spouse shall not be required when husband and w ife have been sentpouse t0 as
living separate and apart for a period o f at least five months
prior to such assignment.
Under any such assignment or order for the payment o f future Amount bound,
salary or wages given as security for a loan made under this act,
a sum equal to ten (10) per centum o f the borrower’s salary ot
wages shall be collectible therefrom by the licensee at the time
o f each payment o f salary or wages from the time that a copy o f
such assignment, verified by the oath o f the licensee, or his agent,
together with a verified statement o f the amount unpaid upon such
loan, is served upon the employer.
C hapter
183.— Payment of wages— Semimonthly pay day— Dis
charged employees.
[This act amends sections 6981, 6982, 6983, 6985, 6986 and 69&8
o f the Revised Statutes, making the law applicable to “ all private
and quasi-public corporations.” Sections 6981 and 6988 are mate
rially amended otherwise, and read as follow s:]
LABOR LEGISLATION OF 1919.
84
Payments.
Scope of act.
Section 6981. All private and quasi public corporations doing
business within this State shall pay to the employees the wages
earned each and every fifteen (15) days in law ful money o f the
United States, or checks on banks, convertible into cash, on de
mand at full face value thereof.
Section 6988. It is herein provided that all private or quasi
public corporations heretofore or hereafter organized for pecuni
ary profit shall be subject to the provisions o f this act.
[Changes are made in the other sections named to conform to
the scope o f the law. Section 6983 is amended so as to exclude
persons quitting o f their own accord from the right o f recovery o f
penalties under the law.]
CONNECTICUT.
ACTS OF 1919.
Chapter 27.— Factory regulations— Suction shuttles.
Section 1. Any person, firm or corporation engaged in weaving
which shall fail to furnish suitable appliances to permit the
threading o f shuttles without the necessity o f the operator putting
any thread into his mouth or touching any portion o f the shuttle
with his lips, shall be fined not more than fifty dollars. The com
missioner o f labor and factory inspection shall enforce the pro
visions o f this act.
Approved March 26, 1919.
Use forbidden.
C h a p t e r 93.— Protection of employees on buildings.
S e c t io n 1. Section 5311 o f the General Statutes [Sec. 1, chapter
152, Acts o f 1907] is amended to read as fo llo w s :
Section 5311. Every person employing another to perform labor
o f any kind in erecting, repairing, altering, or painting any build
ing or other structure who shall provide or furnish, or cause to be
provided or furnished, for the performance o f such labor, any
rigging such as ropes, blocks, ladders, planks, trestles, brackets,
or other form o f supports, shall use or allow to be used ropes
where acid is or may come into contact with the same [sic], any
swinging scaffold or stage to be used on the exterior o f such build
ing or other structure at a greater height than thirty-five feet
from the ground, shall, except as hereinafter provided, equip such
scaffold or staging with a guard rail to be secured by some suit
able material attached to such scaffold or staging at a height not
less than thirty-four inches above the floor thereof, to be secured
and braced, and to extend along the entire length o f the outside
o f such scaffold or staging. When an extension ladder or several
ladders are used for a bed stage there shall be a fall at each
intersection and such intersections tied together; there shall be
no more than three men on a two-fall stage, and where the falls
are more than fifteen feet apart a third fall shall be used. When
not in use rigging shall be housed or suitably covered and pro
tected from the weather, and it shall be the duty o f the building
inspector or other officer .in any city, town, or borough charged
with the enforcement o f the building laws, at any time or upon
complaint:, to inspect rigging, and when such rigging is found to
be unsafe the building inspector or other officer shall give imme
diate written notice to the employer using the same, drawing his
attention to the unsafe condition, and such rigging shall not again
be used until it is made safe by the employer in accordance with
the directions o f the building inspector: Provided, Such require
ment shall not apply to any scaffolding or staging exclusively used
for the purpose o f riveting, or to any scaffolding or staging less
than four feet in length. Any contractor or owner, when construct
ing, in any city, a building, the plans and specifications for which
require the floors to be arched between the beams thereof, or
where the floors or filling-in between the floors are o f fireproof
material or brickwork, shall complete such flooring or filling-in,
as the building progresses, to within not more than three tiers
o f beams below that on which the ironwork is being erected, or
shall cover with planks not less than two inches in thickness such
portion o f each alternate tier o f floor beams as may be reasonably
necessary to give protection to those employed in the erection of
such building. I f the plans and specifications o f such building do
Scaffolding.
Ladders,
Flooring.
85
LABOR LEGISLATION OF 1919.
86
Guards.
Violations.
not require filling-in between the beams o f floors with brick or
other fireproof material, all contractors for carpenter work in the
course o f construction shall lay the under flooring thereof on each
story, as the building progresses, to within not more than two
stories below that to which such building has been erected. E x
cept in such buildings as are not to be lathed and plastered a tem
porary flooring at least eight feet wide and protected on the
outer edge by a plank at least eight inches high shall be laid,
as the building progresses, around the inner side o f the outer walls
thereof on the floor below that to which such building has been
erected. I f the floor beams are o f iron or steel, the contractors
for the iron and steel work o f any building in the course o f con
struction, or the owners o f such building, shall cover with planks
not less than two inches in thickness that portion o f the tier
o f iron or steel beams on which the structural iron or steel w^ork
is being erected. The flooring, planking, or filling-in, as required
by this section, shall not include such spaces as may reasonably
be required for the proper construction o f any such building and
for the raising and lowering o f material to be used in such con
struction or such spaces as may be designated by the plans or
specifications for stairways and elevator shafts. In buildings more
than three stories in height, all such places other than those used
for elevating or hoisting purposes shall be protected, on each story,
by a guard rail at a height o f three and one-half feet and by a
board at least eight inches high close to the floor. All spaces in
such buildings used for elevating or hoisting purposes shall be pro
tected at the ends thereof, if such ends are more than three feet
in width, by some suitable barrier not less than five feet high,
and the sides o f such spaces on any story upon which the delivery
o f material has ceased shall be provided with a movable wooden
bar at least two inches by four inches in section and 'of sufficient
length to extend across such opening at a height o f three and
one-half feet above the floor. When such bar has been provided,
neither the contractor nor the owner shall be responsible for any
injury or damage resulting from the failure on the part o f w ork
men, employees, or others to use said protection. The chief officer
of any city charged with the enforcement o f the building laws o f
such city is charged with the enforcement o f the provisions o f
this act. Any person violating any o f the provisions o f this act
shall be fined not more than fifty dollars or imprisoned not more
than thirty days or both.
Approved April 3, 1919.
C hapter
Night work.
195.— Employment of women and children— Hours of
labor.
S e c t io n 1. Section 5303 o f the General Statutes [Sec. 3, ch. 220,
Acts ot 1909] is amended to read as follow s :
Section 5303. No person under sixteen years o f age shall be em
ployed in any manufacturing or mechanical establishment after
six o’clock in the aftern oon ; and no such minor shall be employed
in any mercantile establishment after six o'clock in the afternoon
on more than one day in each calendar week, except during the
period from the seventeenth to the twenty-fifth day o f December
o f each year; and no female shall be employed in any manufac
turing, mechanical, or mercantile establishment between the hours
o f ten o ’clock in the evening and six o’clock In the foren oon : Pro
vided, In event o f war or other serious emergency the governor
may suspend the limitations upon night work contained in this
act as to such industries or occupations as he may find demanded
by such emergency.
Approved May 2, 1919.
C hapter
School attend
ance required.
198.— Employed children— Evening schools.
1. Every child between fourteen and sixteen years o f
age, residing in a city, town, or district in which public evening
S e c t io n
TEXT OF LAWS----CONNECTICUT.
schools are maintained, in possession o f an employment certificate
issued under the provisions o f the General Statutes, and who has
not completed such course o f study as is required for graduation
from the elementary public schools o f such city, town, or district,
shall attend the public evening schools o f such city, town, or dis
trict, or other evening schools offering an equivalent course o f
instruction, for not less than eight hours each week, fo r a period
o f not less than sixteen weeks in each calendar year, unless
released from such requirement by the board o f school visitors,
town school committee, or board o f education. The employer o f
any such child shall keep on file in the place where such child is
employed an evening-school certificate, issued as hereinafter pro
vided, certifying that such child is attending an evening school as
required under the provisions o f this section, which certficate may
at any tme be inspected by the school authorities.
Sec. 2. The board o f school visitors, town school committee, or
board o f education, or an authorized representative o f such school
authority, shall issue to each child attending an evening school,
in compliance with the provisions o f section one, a certificate at
least once each month such evening school is in session and at the
close o f the term o f such school: Provided, The number o f hours
and weeks o f such attendance shall constitute at least as large a
part o f the period during which such school has been in session as
eight hours per week for sixteen weeks is o f the number o f hours
and weeks during which such school shall be in session for such
calendar year. Such certificate shall state the number o f hours
per week and the number o f weeks such child has attended s*uch
school.
Sec. 3. I f any child shall violate any provision o f section one,
his parent or guardian shall be fined for each week such viola
tion shall continue not more than five dollars. Any person, firm,
or corporation, or any officer, manager, superintendent, or employee
acting in its behalf, who shall fail to comply with the provisions
of section one concerning the certificate therein required, shall
be fined, for the first offense, not less than twenty dollars nor more
than fifty dollars, and for each subsequent offense not less than
fifty dollars nor more than two hundred dollars.
Approved May 8, 1919.
C hapter
87
Certificates.
Violations.
210.— Retirement of State employees.
S e c t io n 1. Any person who shall have been in the service o f
Retirement althe State thirty years and shall have reached the age o f sixty- owe ’
five years, or any person who has served in any department o f
the State twenty-five or more years in the aggregate and has
reached the age o f seventy, may be retired by the board o f control,
and thereafter shall receive a salary equal to one-half his average Salary,
salary for the five years next preceding such retirement. Such
salary shall be paid monthly from the civil list funds upon orders
o f the comptroller.
Approved May 8, 1919.
C hapter
216.— Payment of ivages— Weekly pay day.
1. Every person, firm or corporation engaged in oper
ating a factory, workshop, manufacturing, mechanical or mer
cantile establishment, mine, quarry, railroad, or street railway,
or a telephone, telegraph, express, or water company, or in the
erection, alteration, repair or removal o f any building or structure,
or the construction or repair o f any railroad, street railway, road
bridge, sewer, gas, water or electric light works, pipes, or lines,
shall pay weekly each employee engaged in his or its business the
wages earned by such employee to within eight days o f the date
o f said payment, but an employee leaving such employment shall
be paid in full on the follow ing regular pay d a y ; and any employee
discharged from such employment shall be paid in full not later
than the business day next succeeding the date o f such discharge.
S e c t io n
Scope of law.
Payments.
Violation.
LABOR LEGISLATION OF 1919.
88
Repeal.
S e c . 2. Any person, firm, or paymaster o f any corporation vio
lating any provision o f this act shall be fined not more than fifty
dollars for each offense.
S e c . 3. Section 5313 o f the General Statutes is repealed.
Approved May 12, 1919.
C h apter
219.— Wage brokers— Assignments of wages.
[This is an act o f the standard small loans type, affecting
loans for not above $300, for which interest in excess o f 12 per
cent per annum is charged. The allowed rate is three and oneh alf per cent per month and no other fees may be charged. A
license fee o f $100 per annum is charged for each place o f business.
The standard provisions as to bonds, records, receipts, statements,
etc., are found.
The follow ing section relates to assignment o f w a g es:]
What a s s ig n S e c t io n 16. No assignment o f an order for the payment o f any
merits valid.
salary or wages, earned or to be earned, given to secure any such
loan shall be valid unless such loan is contracted simultaneously
with its execution, nor unless in w riting signed in person by the
borrower, nor, if the borrower is married, unless signed in person
Spouse to a s - by both husband and w ife : Provided, W ritten assent o f a spouse
sent.
shall not be required when husband and w ife have been living
separate and apart for a period o f at least five months prior to
such assignment. Under any such assignment or order for the
payment o f future salary or wages given as security for a loan
Amount affected, under the provisions o f this act, a sum equal to ten per centum
o f the borrow er’s salary or wages shall be collectible therefrom
by the licensee at the time o f each payment o f salary or wages
from the time that a copy o f such assignment, verified by the
oath o f the licensee, or his agent, together with a verified state"
ment o f the amount unpaid upon such loan, is served upon the
employer.
Approved May 12,1919.
C h a p t e r 264.— Employment of children— Certificates.
0ath*
S e c t io n 1. The secretary or the agent o f the State board o f edu
cation, the school supervisor, school superintendent, supervising
principal, or acting school visitor to whom application shall be
made for an employment certificate as provided for in the pro
visions o f section 5323 o f the General Statutes, shall have power
to require all statements o f facts offered in support o f such appli
cation to be made under oath, which oath may be administered by
the official to whom application shall be made, and said secretary,
his agent, school supervisor, school superintendent, supervising
principal, or acting school visitor shall cause each child fo r whom
such certificate has been applied for, to be physically examined by
Medical certifl- a physician designated by the State board o f education. Such
cate*
examining physician shall, before any employment certificate is
issued to such child, file with the agent o f said board, his certifi
cate, on a form provided by the State board o f education, setting
forth the height and weight o f such child, the condition o f his eyes
and teeth, and such other inform ation regarding the physical con
dition o f such child as shall be needful, shall certify as to whether
such child is o f sufficiently sound health and physically fit for the
employment specified in the statement o f the prospective employer,
and shall indicate the kind o f employment proper for such child in
view o f his physical condition. When the examining physician con
siders it advisable, he may issue a certificate o f physical fitness
for a limited time, at the expiration o f which time the child shall
again appear and submit to an examination before being permitted
to continue at such work. In carrying out the provisions o f this
act the town in which the child resides shall pay the expense o f
the examination and such town shall certify to the State board
o f education, upon form s prescribed by said board, the amount
TEXT OF LAWS----CONNECTICUT.
89
paid fo r such examination, and the State hoard o f education shall
make application to the comptroller for one-half o f the amount
certified by the town.
Approved May 21, 1919.
C hapter
273.— Regulation of factories— Toilets.
Section 2347 o f the General Statutes is amended to read as
fo llo w s :
Section 2347. Every person or corporation managing or operat- T o i l e t s re*
ing any factory, or owning or controlling the use o f any other quired.
building where five or more persons are employed, shall provide
and keep in good sanitary condition sufficient and suitable toilet
accommodations and approaches thereto for the use o f the persons
employed.
Approved May 21, 1919.
C hapter
334.— Factory inspectors— Deputies.
S e c t io n 1. Section 2343 o f the General Statutes is amended to
read as follow s:
Section 2343. The commissioner o f labor and factory inspection
shall appoint nine deputies, two of whom shall be women, to assist
him in the perform ance o f his duties. Such deputies shall have
the same power as the commissioner has in the department o f
factory inspection, subject to his approval. The commissioner
and all deputies appointed under authority o f this section are
authorized to lodge a complaint with any prosecuting officer for
the violation o f any provision o f this act, and if such prosecuting
officer shall refuse to prosecute such offense, the commissioner or
his deputy may present such complaint to the judge o f the court
or the justice o f the peace having jurisdiction, and if such judge
or justice o f the peace shall find that sufficient facts to warrant
prosecution have been presented, he shall forthwith order the
prosecuting officer to issue a warrant for such offender. Any
prosecuting officer refusing to issue such warrant when so ordered
shall be fined not more than twenty-five dollars for each offense.
Approved May 21, 1919.
Appointment,
pr0Becuti0Ils.
DELAWARE.
ACTS OF 1919.
C h a p t e r 6 8 .—
Inspection of steam boilers— Board of boiler rules.
S e c t io n 1. The governor shall appoint five citizens o f recognized
Appointment of
knowledge o f the construction and use of steam boilers, who sh allboardact as members o f a board o f boiler rules. These five citizens
shall preferably b e : One, a professor of mechanical engineering;
another, a manufacturer who shall have been actively engaged
in the manufacture o f steam b oilers; another, a user o f b oilers;
another a mechanical engineer; and the fifth, a licensed stationary
engineer. The terms o f such appointees shall be four years each,
and they shall be so classified that one shall be appointed each
year.
This board shall organize by electing a chairman and secre- Duties,
tary and shall meet twice yearly at a place to be designated by
the board o f boiler rules. This board shall formulate rules and
regulations for the safe and proper construction and use o f steam
boilers. The rules and regulations so formulated shall be as
nearly as possible in conform ity with the boiler code o f the Am eri
can Society o f Mechanical Engineers.
S e c . 2. The rules formulated by the board o f boiler rules shall Rules in effect.
become effective and binding on manufacturers and users o f boil
ers upon the approval o f the governor and the attorney general.
Rules requiring a change in methods o f construction o f boilers
or in the character o f materials used, shall not be enforced until
six months after their approval by the governor or attorney
general.
S e c . 3. Any person, firm, or corporation violating any o f the
Violations,
provisions o f this act, or any person, firm, or corporation violating
any of the rules or regulations or requirements o f the board of
boiler rules shall be deemed guilty of a misdemeanor and upon
conviction thereof, shall be subject to a fine o f not more than one
hundred dollars, or imprisonment for not more than thirty days,
or by both such fine and imprisonment in the discretion o f the
court.
S ec. 5. Nothing in this act shall be construed as abolishing any Act construed.
department, office, or officer now existing in any city in this State.
Scope.
S e c . 6. The provisions o f this act shall, in no way, apply to
boilers, which are now, or hereafter may be, subject to Federal
inspection and control.
Approved April 8, 1919.
C hapter
157.— Employment of children— School
Certificates.
attendance—
S e c t io n 188. Every person, guardian, or other person in this Atte.ndancecom*
State having control o f a child fourteen years o f age or fifteen pu S0ly*
years o f age or sixteen years o f age, who has not completed the
work o f the eighth grade o f the free public schools, is required
to and shall send such child to the free public schools o f the county
or special school district in which the child resides, not less than
one hundred (100) days, as nearly consecutive as possible, begin
ning not later than November first, during the period o f each year
the free public schools o f the respective county or special school
district are in session ; and such child shall be sent to school the Employment,
entire period o f each year the free public schools o f the respective
county or special school district are in session if not regularly or
legally employed to labor at home or elsewhere, unless it can be
91
LABOR LEGISLATION OF 1019.
92
Certificates.
shown to the satisfaction, and witnessed by written endorsement,
o f the county superintendent o f schools or o f the respective super
intendent o f schools o f the given special school district that such
child is elsewhere receiving regular and thorough instruction dur
ing such period in the studies taught in the free public schools .of
the State to children o f the same age and stage o f advance
ment. * * *
ec
County superintendents o f schools and superintendents
o f schools in special school districts, or persons designated by such
superintendents, shall issue employment certificates, permits, and
badges, and the principal or the head teacher o f the several free
public schools, and private teachers and the principal or head
teacher o f private schools or educational institutions provided for
in section
o f this article shall make out and sign such records
as are required by the laws regulating child labor as provided by
article 3 o f chapter ninety o f the Revised Code.
Approved April 14, 1919.
S . 194.
187
C h a p t e r 198.— Mothers' pensions.
[This chapter amends section 3071A, section 11A, added by chap
ter 227, Acts o f 1917, by increasing the monthly grant to $9 for a
single child, and $5 for each additional child. Visits are to be made
once in two months instead o f monthly, and the traveling and
administrative expenses may amount to $3,000 annually. The
amount payable by the State to any one county in a year may be
$5,000 instead o f $2,500, and the annual appropriation o f State
moneys is advanced from $7,500 to $18,000.]
F L O R ID A .
ACTS OF 1919.
C h a p t e r 7808.— Compulsory school attendance.
S e c t io n 1. * * ,* In the follow ing enumerated cases all
children between the ages o f seven and sixteen years, both inclu
sive, shall be exempt from the provisions o f this a c t :
*
*
*
$
*
Third. Any child whoge services are necessary for the support
or assistance o f a widowed mother or other person dependent
upon said child for support; said dependency to be proved by
affidavit o f the dependent person and at least two other affidavits
as to such dependency by disinterested persons not related to said
child or dependent, and such other proof as may be required by
and is satisfactory to the attendance officer having authority to
grant exemptions.
D ependent
ers’
C h a p t e r 7917.— Labor contracts— intent to defraud.
S e c t io n 1. Any person in this State who shall, with intent to
injure and defraud, under and by reason o f a contract or promise
to perform labor or service, procure or obtain money or other thing
o f value as a credit, or as advances, shall be guilty o f a misde
meanor, and upon conviction thereof shall be punished by a fine
not exceeding five hundred (500) dollars or by imprisonment not
exceeding six months.
S ec . 2. In all prosecutions for a violation o f the foregoing section
the failure or refusal, without just cause, to perform such labor
or service or to pay for the money or other thing o f value so ob
tained or procured shall be prima facie evidence o f the intent to
injure and defraud.
Approved June 7, 1919.
Misdemeanor*
Evidence,
C h a p t e r 7920.— Mothers' pensions.
S e c t io n 1. The county commissioners o f the several counties
o f the State o f Florida are empowered and authorized to provide
in the annual budget o f the general revenue fund an appropria
tion sufficient to meet the purposes o f this law for the support o f
women who have dependent upon them for food, x*aiment, and
education an orphan or orphans or h alf orphan children under
sixteen years o f age, including any woman whose husband is dead
or an inmate o f some State institution, or whose husband has been
prosecuted fo r desertion or nonsupport and has been adjudicated
by the court where prosecuted to be wholly unable to support his
w ife and ch ildren ; whose support and the support o f the children
depend wholly or partially upon her labor, shall be entitled to
the assistance as provided for in this act, for the support o f her
self and for her children.
S e c . 2. The allowance for the aid o f such women shall not
exceed twenty-five dollars a month when she has but one child
under sixteen years o f age. I f she has more than one child
under the age o f sixteen years it shall not exceed twenty-five
dollars for the first child, and eight dollars a month for each o f
the other children.
S ec 3. The county commissioners o f their respective counties
shall levy a tax o f not more than one-half o f one mill on all tax
able property o f their respective counties for the purpose o f sup-
Scope of law.
Allowance,
Levy,
93
94
LABOK LEGISLATION OF 1919.
plying funds to carry this bill into effect, and provide means for
the sam e: Provided, The condition o f allowance o f said allotment
shall be made by the county commissioners upon the recommenda
tion o f the school board in the county in which such mothers
reside, and only upon the follow ing condition s:
Conditions.
First. The child or children for whose benefit the allowance is
made, must be living with the mother o f such child or children.
Second. The mother must in the judgment o f the county com
missioners o f such county, which body shall finally pass upon all
applications for aid under this act, be a proper person morally,
physically, and mentally for the bringing up o f her children.
Third. Said allowance shall, in the judgment o f the county com
missioners, be necessary to save the child or children from neglect.
Fourth. No person shall receive the benefit o f this act who shall
not have been a resident o f the State for at least fou r years and a
resident o f the county in which the allowance is given, for at least
one year next before the making o f the application for aid in
such county.
Payments cease,
Sec. 4. Whenever any child shall reach the age o f sixteen
when.
years, or the mother shall remarry the allowance to the mother o f
the children shall cea se: Provided, however, That if it is made to
appear to the board o f county commissioners, after an investiga
tion and recommendation by the county school board, that there
exists some special reason that it is for the best interest o f any
child, as well as for society, to continue said allowance fo r a longer
period o f time such allowance may be continued for such time as
the justice o f the case may demand. In all cases, however, wiien
the mother remarries all allowances shall cease.
Orphans.
Sec 5. The provisions of this act shall also be extended for the
benefit of orphan children who are dependent upon some female
relative unable to support them, or to any such child or children
under guardianship who are dependents or paupers and have no
means of support.
Administration.
Sec. 6. In order to carry the provisions o f this act into effect,
it shall be the duty of the county school attendance officer, or
like officer by whatever name called, to have direct supervision
o f the investigation o f all cases, and he shall have the assistance
o f the bureau o f education and child welfare o f the* State board
o f health to cooperate with the board o f public instruction or
social workers o f each county in the State in investigating all per
sons entitled to the provisions o f this act in the gathering o f data
and the history, and making a report on each case, and to this end
the necessary blanks w ill be provided, and it shall be the duty of
the board o f child welfare and education o f the State board o f
health to provide uniform blanks to be printed and paid fo r by
the counties to be used in gathering and recording the history of
each case.
Records.
Sec. 7. The history o f each case when investigated by the board
o f public instruction, school attendance officer, or the nurse or
social worker o f the county, or a committee hereinafter provided
to be appointed, shall be made up in triplicate, the original to be
filed with the board o f county commissioners o f the county, which
shall include the recommendation o f the board o f public instruc
tion o f the county, and one copy shall be retained by the board
of public instruction, and one copy forw arded to and filed with
the bureau o f child welfare and education o f the State board o f
health.
Investigations.
Sec. 8. It shall be the duty of the board o f public instruction o f
each county to require each nurse or social worker employed by
said county board o f public instruction or school attendance officer
to carefully and speedily investigate the condition o f any and all
poor mothers’ children, orphan, and half orphan children, whose
needs may be brought to their attention, and after having gathered
the history o f each case and recorded such history upon the blanks
as hereinbefore required to be provided, to immediately place such
report o f such case before the board o f public instruction o f such
county for its immediate action, and said board o f public instruc-
TEXT OF LAWS----FLORIDA.
95
tion shall examine such report and immediately transmit such
application, together with its recommendations, to the board of
county commissioners of the county for final action. The board
of county commissioners shall immediately take up such applica
tion and grant or reject such application as that board in its
judgment shall find the applicant entitled in this act.
Sec. 9. In absence of a social worker or nurse, as provided for in Special iuvestisection 8, in any county of the State, it shall become the duty of gators,
the board of public instruction, upon this act becoming a lawT, to
immediately recommend for appointment three capable women,
residents of such county, who will be willing to accept such appoint
ment and serve without compensation, to investigate and report the
cases of poor mothers, orphans, and half orphan children entitled
to the provisions of this act, and who shall serve until a nurse or
social w-orker or school attendance officer is employed, and such
persons so appointed shall individually or collectively make their
investigation of poor mothers, orphans, and half orphans in the
same manner as nurses and social workers as is provided for in
section 8 of this act.
Sec. 10. The child or children to whom the allowance is made child to live
under this act must be living with the mother, or other female with mother,
guardian of such child or children unless special privilege of
separation is authorized by the board of county commissioners,
upon the recommendation of the board of public instruction for
the sake of the child’s education.
S e c . 11. The provisions of this act shall be construed liberally construction of
to the ends that the best interest of all dependent children shall act.
be conserved.
Sec. 12. All children receiving aid under the provisions of this School attendact shall be required to attend the schools of the county duringance<
the whole term or terms of such schools, and upon failure of such,
children to attend schools for the whole term or terms thereof,
the aid herein provided for such mothers and child or children shall
cease without notice.
S e c . 13. Any person procuring an allowance under the provisions Fraud,
of this act for a person or persons not entitled thereto shall be
guilty of a misdemeanor and on conviction shall be punished by
a fine of not more than one hundred dollars ($100) or by imprison
ment for a period of not more than six months or bv both such
fine and imprisonment at the discretion of the trial judge.
Approved May 31, 1919.
G E O R G IA .
ACTS OF 1919.
Act No. 1.— Commissioner of commerce and labor— Salary.
[Page 278.]
[Section 7 o f Act o f 1911, page 133, as amended by Act o f 1913,
page 82, is amended to increase the salary o f the commissioner
o f commerce and labor from $2,400 to $3,600 per year.]
Act No. 43.— Payment of usages— Semimonthly pay day.
[Page 388.]
Section 1. Commencing after a period o f three months from the
passage o f this act, every person, firm, or corporation, including
steam and electric railroads, but not includii z farming, sawmill,
and turpentine industries, employing wageworkers, skilled or
unskilled, engaged in manual, mechanical, or clerical labor, in
cluding all employees, except officials, superintendents, or other
heads* or subheads o f departments, who may be employed by
the month or year at stipulated salaries, shall make payments
ill lawful money or checks, o f the United States to said employees,
laborers, and workers or to their authorized representatives; such
payments to be made on such dates during the month as may be
decided upon-by sueh persons, firm, or corporation : Provided, how
ever, That such dates as may be selected shall amount to an equal
division o f the month in respect to the time o f payments, tjie full
net amount o f wages or earnings due said employees, laborers,
and wageworkers, and in case any such employer shall refuse
or w illfully fail to make payments when demanded, upon the
regular days o f payment, to such wage earner, said employer, the
members o f the firm ; the directors, officers, and superintendents
or managers o f corporations and associations shall, upon convic
tion, be sentenced to pay a fine not exceeding tw o hundred dol
lars : Provided, No person, firm, or corporation is not in a financial
condition to pay said wages, or salary, but insolvency shall be
the only defense to an indictment fo r such an offense, and an
extension o f time within which to pay said wages or salary shall
operate to make the offense under this act to be committed on
date last agreed upon for payment o f same.
Approved August 4, 1919.
1757°— 21------ 7
Scope of law.
Payment!.
97
H A W A II.
ACTS OF 1919.
C h apter
129.— Mothers9 pensions— Board of child welfare.
S e c t io n 1. In each county or city and county o f the Territory o f
Hawaii there is hereby established and created a board to be
known as the board o f child welfare.
Sec. 2. The said board shall be composed o f five members, three
o f whom shall be men and tw o shall be women, who shall be ap
pointed by the governor in the manner prescribed in section 80 o f
the Organic Act. The judge or judges o f the juvenile court or
courts in each county and in the city and county shall be ex
officio members o f the representative board o f each county and o f
the city and county.
Sec. 8. The members o f said board shall hold office for the
period o f four y e a r s: Provided, however, That on the first appoint
ment o f said board the governor shall appoint two of the members
o f said board for four years, and the remaining members o f the
board for two years, and that thereafter all appointments shall
be for four years.
Sec. 4. The members o f the board o f child welfare, as herein pro
vided, shall receive no compensation fGr their services as mem
bers o f such board, but they shall be entitled to the actual and
necessary expenses incurred by them in properly discharging their
official duties, either while making investigations or otherwise,
which shall be paid out o f the funds o f the respective counties or
cities and counties available therefor.
Sec. 5. The said board as herein provided shall as soon as is
convenient after this act becomes effective organize and elect a
chairman and appoint a clerk o f the said board, who shall hold
office subject to the pleasure o f the said board. The said board
may employ such officers and employees as may be provided for
by the boards o f supervisors o f the respective counties or cities
and counties. It may establish rules and regulations for the con
duct o f its business, which shall provide for the careful investi
gation o f all applications for allowances or the adequate super
vision o f all persons receiving allowances, and may provide fo r
the making o f reports by the officers, employees, and representatives
o f the board with respect to persons receiving allowances granted
by the board. The said child welfare board shall report annually
in detail to the board o f supervisors o f the respective counties
or cities and counties the transactions o f the board for the pre
ceding fiscal year, and if required by the boards o f supervisors
o f the respective counties or cities and counties, more frequent
reports must be given covering fractional parts o f a year.
Sec. 7. A board o f child w elfare may in its discretion grant an
allowance to any mother o f one or more children who is a widow,
or unmarried, or deserted by her husband, or whose husband is
an inmate or patient o f a Territorial or other institution, pro
viding the said mother is a resident o f the county or city and
county wherein the application is made and has been a resident
o f said county or city and county for a period o f one year imme
diately preceding the application. Such allowance shall be made
by a m ajority o f votes o f the board and may be increased, di
minished, or totally withdrawn in the discretion o f said board.
B efore granting an allowance under the provisions hereof the said
board shall determine that the mother is a suitable person to bring
up her said children, and that the granting o f such allowance is
necessary to enable her to properly do so.
County boards.
Members.
Term.
Expenses.
Organization.
Reports.
Allowances.
99
LABOR LEGISLATION OF 1919.
100
Allowances granted by the said boards sliall be paid out o f any
moneys appropriated by the boards o f supervisors o f the respective
counties or cities and counties for such purpose and the boards
o f supervisors o f the respective counties or cities and counties
shall appropriate and make available for the gaid board o f child
w elfare and shall include the semiannual or annual budget
or estimate o f expenditures such sum or sums as may be neces
sary to carry out the provisions o f this act.
Applications for allowances under the provisions hereof may
be made directly to the local board o f child w elfare by the mother
applying for such allowance or by some suitable person acting on
her behalf.
:
Allowances made by the board shall be for a period o f not more
than six months, but may be renewed from time to time at the same
or different amounts for similar periods or less, either successively
or intermittently, and may be revoked in the discretion o f the
said board.
The county attorney or the city and county attorneys o f the
Legal advisers.
respective counties or cities and counties shall act as the legal
advisors o f the board in the respective counties, and whenever
requested so to do by said boards in the case o f any w ife where
husband has deserted her prosecute all legal methods to obtain
the return o f such husband, and shall also whenever so requested
by said boards represent such w ife and in her behalf prosecute
any and all civil actions or proceedings to compel such husband
to support his w ife and children, and provided that in any civil
action or proceeding so instituted the county or city and county
attorney shall file his certificate setting forth that he represents
such w ife upon request o f said board, in which case no costs o f
court shall be required to be paid by such w ife.
S e c . 8 . The boards o f supervisors o f the respective counties
Funds.
or cities and counties are hereby authorized and empowered jto
appropriate from time to time such sum or sums as may be neces
s a r y to carry out the provisions o f this act, including expense for
administration and relief, and no board o f child w elfare shall ex
pend or contract to expend under the provisions o f this act or
otherwise, any public moneys not specifically appropriated there
for as herein provided.
Fraud.
S e c . 9. Any person who shall procure directly or indirectly any
allowance for relief under the provisions o f this act, for or on
account o f a person not entitled thereto, or shall knowingly or
w illfully pay or permit to be paid any allowance to a person not
entitled thereto shall be deemed guilty o f a misdemeanor and
upon conviction thereof may be punished by a fine o f not more
than $500 or by imprisonment for a period o f not more than six
months.
Approved April 25, 1919.
C h a p t e r 186.— Criminal syndicalism— Sabotage.
Definition.
Offenses.
S e c t io n 1. Criminal syndicalism is hereby defined to be the
doctrine which advocates crime, sabotage, violence, or other un
law ful methods o f terrorism as a means o f accomplishing indus
trial or political ends.
S e c . 2. Any person w h o :
(1 ) By word o f mouth or writing, advocates or teaches the
duty, necessity, or propriety o f crime, sabotage, violence, or other
unlaw ful methods o f terrorism as a means o f accomplishing indus
trial or political e n d s; or
(2 ) Prints, publishes, edits, issues, or knowingly circulates, sells,
distributes, or publicly displays any book, paper, document, or w rit
ten matter in any form, containing or advocating, advising or teach
ing the doctrine that industrial or political ends should be brought
about by crime, sabotage, violence, or other unlawful methods o f
terrorism ; or
(3 ) Openly, w illfully, and deliberately justifies, by w ord o f
mouth or writing, the commission or the attempt to commit crime,
TEXT OF LAWS— HAWAII*
101
sabotage, violence, or other unlawful methods o f terrorism with
intent to exemplify, spread, or advocate the propriety o f the doc
trines o f criminal syndicalism ; or
(4): Organizes or helps to organize, or becomes a member o f or Penalty.
voluntarily assembles with any society, group, or assemblage o f
persons formed to teach or advocate the doctrines o f criminal
syndicalism is guilty o f a felony and punishable by imprisonment
fo r not more than ten (10) -years or by a fine o f not more than five
thousand dollars ($5,000), or both.
Sec. 3. W henever two or more persons assemble for the purpose Assemblage.
o f advocating or teaching the doctrines o f criminal syndicalism as
defined in this act, such an assemblage is unlawful, and every
person voluntarily participating therein by his presence, aid, or
instigation is guilty o f a felony and punishable by imprisonment
for not more than ten (10) years or by a fine o f not more than five
thousand dollars ($5,000), or both.
Permitting as
Sec. 4. The owner, agent, superintendent, janitor, caretaker, or semblies.
occupant o f any place, building, or room, who w illfully and know
ingly permits therein any assemblage o f persons prohibited by the
provisions o f section 3 o f this act, or who, after notification by
the police authorities that the premises are so used, permits such
use to be continued, is guilty o f a misdemeanor and punishable by
imprisonment for not more than one (1) year or by a fine o f
not more than five hundred dollars ($500), or both.
Approved April 29, 1919.
C h a p t e r 218.— 'Wages of laborers on public ivorks.
S e c t io n 1. The minimum pay o f laborers -on public works M i n i m u m
amount.
throughout the Territory o f Hawaii shall be not less than two and
25/100 dollars ($2.25) per day.
Approved April 30, 1819.
ID A H O .
ACTS OF 1919.
8 . —Civil
C hapter
administration—Department of immigration,
labor, and statistics.
S e c t io n 2. Civil administrative departments
government are created as fo llo w s :
*
*
*
of
the
*
State
D ep artm en t
created.
*
Department of immigration, labor, and statistics.
*
•
*
*
*
S ec . 30. The department o f immigration, labor, and statistics
is the bureau o f immigration, labor, and statistics heretofore
established by law. It shall have p ow er:
1. To promote the w elfare o f workers and to im prove their
commercial, industrial, social, and sanitary condition.
2. To collect inform ation upon the subject o f labor, its rela
tion to capital, the hours o f labor and the earnings o f laboring
men and women, and the means o f promoting their material,
social, intellectual and moral prosperity.
3. To visit and inspect, during reasonable hours, all shops,
factories and mercantile establishments and other places where
workmen are employed, as often as practicable, and to cause the
provisions o f law to be enforced therein.
4. To inspect the sanitary conditions, system o f sewerage, sys
tem o f heating, lighting, and ventilating o f rooms where persons
are employed at labor and the means o f exit in case o f fire or
other disaster, within or connected with shops and factories. T o
examine the machinery in and about such shops and factories
to see that it is not located so as to be dangerous to employees
when engaged in their ordinary duties.
5. To collect and compile reliable data which if disseminated,
would tend to the development o f the State by inducing popula
tion and capital to come within its borders.
6. To declare and prescribe what safety devices, safeguards,
or other means or methods o f protection are well adapted to
render employees and places of employment safe.
7. To fix and order such reasonable standards for the construc
tion, maintenance, and repair o f places o f employment as shall
render them safe.
8. To require the perform ance o f any act necessary for the
protection o f the life, health, and safety o f employees.
Approved February 19, 1919.
C hapter
136.— Sabotage— Criminal syndicalism.
[This chapter amends subsection 4 o f section 2, chapter 145,
Acts o f 1917, by making the attempt to organize or the retention
o f membership in a prohibited organization an offense under
the act.]
C hapter
162.— Barber shops— Hour of closing.
1. It shall be unlawful for any person or persons in
the State to keep open for business or to work at the barber’s
trade in any city o f the first or second class after the hour o f
seven o ’clock p. m. on any working d a y : Provided, however, That
on Saturday and the day preceding each legal holiday said
barber shops may be kept open fo r business until ten o’clock p. m.
Sec. 2. Any person violating any of the provisions of this act
shall be guilty of a misdemeanor and on conviction thereof shall
be fined in any sum not less than twenty-five dollars ($25) nor
more than one hundred dollars ($100).
Approved March 3, 1919.
S e c t io n
Closing time,
Violations,
103
I L L IN O IS .
ACTS OF 1919.
Immigrants’ commission.
(Page 7.)
[This act amends the civil administrative code o f 1917 providing
fo r an immigrants* commission in the department o f registration
and education as fo llo w s : 1
Section 6.
*
*
*
t-
*
The immigrants’ commission composed o f five members, one o f C o m m is s io n
whom shall be the director o f the department o f registration a n d crea
education.
The members o f each o f the above-named boards shall be officers.
Sec. 63.
*
*
$
*
*
The immigrants’ commission sh a ll:
(1 ) Make a survey o f the immigrant, alien born and foreignspeaking people o f the State, and o f their distribution, conditions
o f employment, and standards o f housing and living.
(2 ) Examine into their economic, financial, and legal customs,
their provisions for insurance and other prudential arrangements,
their social organization, and their educatipnal n eeds; keeping in
friendly and sympathetic touch with alien groups and cooperating
with State and local officials, and with immigrant or related au
thorities o f other States and o f the United States.
Approved June 10, 1919.
Duties,
Reemployment of discharged soldiers and sailors.
(P a g e 5 3 3 .)
Section 4 . Every employer o f labor employing five or more Employers to
employees shall annually, between the 1st day o f January a n d furnl8h data*
the 15th day thereof, or upon the request o f the director o f labor
in case o f an emergency, or where employment is in an occupa
tion seasonal in character, file with the director o f labor a state
ment on a blank to be furnished by the department o f labor,
wrhich statement shall set forth facts substantially as fo llo w s :
1.
2.
3.
4.
5.
6.
Name o f em p loyer____________________________________________
Nature o f business____________________________________________
Is ownership individual, corporate, or partnership?_________
Name o f manager or acting executive officer_________________
Address_______________________________________________________
Furnish the follow ing d a ta :
Over 16 years.
Under 16 years.
Total.
Male.
Female.
Male.
Female.
Usual No. employees........................
Usual No. hrs. employment per
d a v ......................... .........................
Usual No. hrs. employment per
week.................................................
105
LABOR LEGISLATION OF 1919.
106
7. No. o f employees who left your employment to enter naval or
military service o f the U. S. between April 25, 1917, and Novem
ber 12, 1918_________________________________________________________
8. No. o f such form er employees who have been reemployed— ___
Duty of
direc-
Enforcement.
Violations.
g EC 2 . The director o f labor is hereby authorized and directed
to investigate the matter o f reemployment o f soldiers and sailors
honorably discharged from the military or naval service o f the
United States in order to bring about and to promote their speedy
restoration to the industrial status form erly occupied by them. To
that end he shall make use o f all available inform ation disclosed by
records and statistics o f his office, and he shall wherever and when
ever possible and practicable advise with, and mediate between, em
ployers and such discharged soldiers and sailors and he shall
cooperate with patriotic organizations in efforts to bring about
a prompt rehabilitation in industry o f such discharged soldiers
and sailors; he shall from time to time make such recommenda
tions to employers as shall be deemed fit and reasonable in order
to advance and promote such replacements in industry as shall
be most advantageous to soldiers and sailors discharged from
naval or military service o f the United States.
3 jj. shall be the duty o f the State department o f labor
to enforce the provisions o f this act and to classify the inform ation
thereby received, fo r statistical purposes and for such other pur
poses as are authorized by this a c t : Provided, That in no case
shall the statistics be so arranged or inform ation so used as to
reveal the affairs o f any single employer.
S e c . 4 . Any employer failing or refusing to furnish the inform a
tion as provided herein shall be deemed guilty o f a misdemeanor
and shall, upon conviction, be fined a sum not less than $5 nor
more than $25.
Approved June 21, 1919.
Rehabilitation of physically handicapped persons.
(Page 534.)
d*Retedilitati° n Section 1. It shall be the duty o f the department o f public
irec
welfare to direct, as hereinafter provided, the rehabilitation o f
every physically handicapped person, sixteen (16) years o f age
or over, residing in the State o f Illinois.
Definitions.
“ A physically handicapped person ”, shall m ean any person who,
by reason o f a physical defect or infirmity, whether congenital or
acquired by accident, injury, or disease, is, or may be expected
to be, incapacitated fo r remunerative occupation.
“ Rehabilitation ” shall mean the rendering o f a person physically
handicapped, fit to engage in a remunerative occupation.
“ Person residing in the State o f Illinois ” shall mean any per
son who is and has been domiciled within the State for one year
or more.
. This act, however, shall not be construed to apply to aged or
helpless persons requiring permanent custodial care, or to blind
persons under the care o f the State, or to deaf persons under
the care o f the State, or to any epileptic or feeble-minded person
or to any person who may, in the judgment o f the department o f
public welfare, not be susceptible o f such rehabilitation.
Methods
Sec. 2. The department o f public w elfare shall have power and
it shall be its d u ty :
(a )
T o establish relations with all public and private hospitals
to receive prompt and complete reports o f any persons under
treatment in such hospitals for any injury or disease that may
permanently impair their earning capacity. The persons thus re
ported shall be visited by representatives o f the department o f
public welfare, who shall make records o f their condition and
report to the department o f public welfare. The department o f
public w elfare shall then determine whether the person is sus
ceptible o f rehabilitation. Such persons as may be found so sus-
TEXT OF LAWS— ILLINOIS.
: ceptijbile shall Jbe; acquainted by the department o f public welfare
with tlie, rehabilitation facilities offered by the State and the
benefits o f entering upon remunerative work at an early date.
Any persori who chooses to take advantage o f these rehabilitation
facilities shall be registered with the department o f public w elfare,
^nd a record shall be kept o f every such person and the measured
tak6n for his o r her rehabilitation. The department o f public
w elfare shall offer to any such person counsel regarding the selec
tion o f a suitable occupation and o f an appropriate course o f
training, and shall initiate definite plans for beginning rehabilita
tion as soon as the physical condition o f the person permits.
(b ) To arrange with the department o f labor to receive reports. Reports of inOf all casefe o f injuries received by employees in the course o f em -Junes*
ployment which may result in permanent disability. The persons
thus known to be injured shall be visited, examined, registered, and
advised in the same manner and for the same purposes as speci
fied in clause (a ) o f this section.
(c ) To receive applications o f any physically handicapped per- A pp lications
sons residing within the State for advice and assistance regarding
mvestigatheir rehabilitation. The persons thus known to be physically
handicapped shall be visited, examined, and advised in the same
manner and fo r the same purposes as specified in clause (a ) o f
this section.
(d ) To make a survey to ascertain the number and condition Survey*
o f physically handicapped persons within the State. The persons
thus known to be physically handicapped shall be visited, ex
amined, registered, and advised in the same manner and fo r the
same purposes as specified in clause (a ) of this section.
(e) To arrange for such therapeutic treatment as may be neces- Treatment,
sary for the rehabilitation o f any physically handicapped person
registered with the department o f public welfare.
( f ) To procure and furnish at cost to physically handicappedbe^rtlflciai mem'
persons registered with the department o f public w elfare artificial
limbs and other orthopedic and prosthetic appliances, to be paid
fo r in easy installments.
(g ) To establish, equip, maintain, and operate in one o f the Instructl0nlarge cities in the State, a school of rehabilitation, and to estab
lish, equip, maintain, and operate branches o f the school at such
other places as may in the judgment o f the department o f public
w elfare be necessary. There shall be provided at the school and
its branches courses o f training in selected occupation for
physically handicapped persons registered with the department
o f public w elfare whose physical condition may, in the judgment
o f the department o f public welfare, require special courses o f
training to render them fit to engage in remunerative employment
and who are assigned by the department o f public w elfare to the
school or to any o f its branches for the purpose o f such special
training.
The department o f public w elfare shall make the necessary
rules for the proper conduct and management o f the school and
its bran ches; shall have control and care o f the building and
grounds used by the State for the school and its branches, and
shall prescribe the course and methods o f training to be given at
the school and its branches.
(h ) To arrange with the State and local school authorities for
training courses in the public schools o f the State in selected
occupations fo r physically handicapped persons registered with the
department o f public welfare.
( i) T o arrange with any educational institution for training
courses in selected occupations fo r physically handicapped persons
registered with the department o f public welfare.
( j ) T o arrange with any public or private organization or com
mercial, industrial, or agricultural establishment for training
courses in selected occupations fo r physically handicapped persons
registered with the department o f public welfare.
(k ) To provide for the maintenance, during the prescribed period Maintenance,
o f training, o f physically handicapped persons registered with the
103
LABOR LEGISLATION OF 1919.
department o f public w elfare: Provided, That the cost o f , such
maintenance shall not exceed ten dollars ($10) per week for twenty
weeks unless an extension o f time is granted by the department o f
public welfare.
General duties.
To arrange for social service to and fo r the v is itin g /o f
’ physically handicapped persons registered w itb the department o f
public w elfare and their fam ilies in their homes during tile period
o f treatment and training and after its completion, arid to give
advice regarding any matter that may effect rehabilitation.
Placement.
( m ) t o cooperate with the department o f labor in the placement
in remunerative employment o f physically handicapped persons
registered with the department o f public welfare.
(n ) To conduct investigations and surveys o f the several in
dustries located in the State to ascertain the occupations within
each industry in which physically handicapped persons can enter
upon remunerative employment under favorable conditions and
•work with normal effectiveness and to determine what practicable
changes and adjustments in industrial operations and practices
may facilitate such employment.
(o ) To make such studies and reports as may be helpful for
the operation o f this act.
(p ) To keep the people o f the State informed regarding the op
eration o f this act.
(q ) To cooperate with any department o f the Federal or State
Government 01* with any private agency in the operation o f this
act.
Acceptance.
provided, however, That no person shall be subject to this
act or to any o f its provisions, and shall not be examined, reg
istered, or advised unless such person first elects to take advantage
o f the privileges afforded by this act and to come under its terms
and conditions.
Enforcement.
Sec. 3. The department o f public welfare, subject to the provi
sions o f civil service law, which is now or which hereafter may
be in force in this State, shall employ such persons as may be
necessary for the enforcement o f the provisions o f this act, and
shall prescribe their duties, compensation, and terms o f employ
ment.
Rules.
Sec. 4. The department o f public welfare shall promulgate rea
sonable rules and regulations relating to the enforcement o f the
provisions o f this act.
Approved June 28, 1919.
Inspection and regulation of factories— Wash rooms.
(Page 537.)
[This act amends section two o f an act, page 359, Acts o f 1913,
by permitting hangers to be installed in wTashrooms as an alter
native to lockers.]
Min c rcg ulations.
(Page 656.)
New mines.
Appeals.
[This act amends several sections o f an act, page 387, Acts o f
1911.
Section 9 is amended by adding the follow ing proviso to the
first sentence in subsection ( d ' :]
Provided, That [in] all coal mines more than tw o hundred
(200) feet in depth, opened on or after July 1, 1919, the escape
ment shaft shall be equipped with both a cage and stairw ay:
Provided further, That i f ths coal mine is equipped with a stair
way in the main shaft, no stairway shall be required in the
escapement shaft.
[Section 14 is amended by adding the follow ing proviso to
subsection (li) :]
Provided, however, That if in the opinion o f the miners or
operators, an injustice has been done by ordering said mine to
TEXT OF LAWS— ILLINOfS.
10 9
use safety lamps only, the miners or operators have a right to
appeal to the department o f mines and minerals, its decision in
the case to be final.
[A new subsection is also added to this section as fo llo w s :]
( 0 ) In all mines where closed electric lamps are used excluInspection for
sively, a sufficient number o f practical, experienced miners sh allgaB*
be employed by the company, whose duty it shall be to examine
the mine for noxious or inflammable gases while men are working
th erein : And, further provided, That the mine shall be examined
by a competent person w ith a safety gas testing lamp on idle
days, holidays and Sundays preceding the time the night shift goes
on duty,
[Section 19 is amended by adding a new subsection, as fo llo w s :]
(o ) W here shot firers are employed and fuse is used to fire Fuses,
shots, the length o f the fuse shall be not less than three and oneh a lf (3£) feet outside the powder.
[Paragraph 10 o f subsection ( a ), section 20, is amended to read
as fo llo w s :]
10. He or his assistants shall, at least once a week, examine inspection o i
the escapement shaft and the roadways leading thereto and all roadways, etc.
other openings for the safe exit o f men to the su rfa ce; and shall
make a record o f any obstructions or other unsafe conditions exist
ing therein, and cause the same to be promptly removed.
[Section 21 is amended by adding to paragraph 1, subsection
(b ), a requirement that where closed electric lamps are used
exclusively, the mine shall be examined within four hours o f the
time the day shift goes on duty.
Section 27 is amended by adding to subsection (a ) a require
ment that standard weights shall be supplied, o f not less than
1,000 pounds.
Weighmen and checkweighmen are required to be citizens o f
the United States.]
IN D IA N A .
ACTS OF 1919.
C hapter
30.— Mine regulations— Shot flrers.
S ec tio n 1. In all mines in this State where coal is blasted, and W h e n s h o t
where more than ten (10) men are employed as miners, and where
8 emPlove<L
more than two (2 ) pounds o f powder is used for any one blast;
and also, in all mines in this State where gas is generated in
dangerous quantities, the person, persons, firm, or corporation
operating such mine or mines, shall employ at the expense o f such
person, persons, firm, or corporation operating such mine or mines,
a sufficient number o f practical experienced miners, to be desig
nated as shot firers, whose duty it shall be to inspect and do all
the firing o f all blasts, prepared in the manner required by the
laws o f the State o f Indiana concerning the preparation o f shots
or blasts in mines where shooting or blasting is done, in said
mine or m ines: Provided, That the employer shall be the judge
o f the qualifications o f the said person employed as shot firer and
shall have the right to discharge said shot firer for any reason the
said employer shall deem sufficient without recommendation or
interference by the miners working in said mine.
S e c . 2. The shot firers shall, immediately after the completion
Notice,
o f their work, daily post a notice in a conspicuous place at the
mine, in which shall be indicated the number o f shots fired ; also
the number o f shots they did not fire, if any, specifying the number
o f the room and designation o f the entry, and giving reasons for
not firing the same.
In addition they shall also keep a daily permanent record, in Records,
which shall be entered the number o f shots or blasts fired, the
number o f shots or blasts failing to explode, and the number o f
shots or blasts that in their judgment were not prepared in the
manner required by the laws of the State o f Indiana concerning
the preparation o f shots or blasts in mines where shooting or
blasting is done and which they refuse to fire, giving reasons for
sam e; the record to be in the custody o f the mine managers and
to be available for inspection at all times by parties interested,
and public officials.
Sec. 3. The superintendent or mine manager shall not permit Miners to be re
the shot firers to do any blasting, exploding o f shots, or do any moved.
firing whatever until each and every miner and employee is out of
the mine except the shot firers, mine superintendent, mine man
ager and man or men necessarily engaged in charge o f the pumps
and stables: Provided, however, That nothing in this section shall
be construed to prohibit the employment in such mine o f a rea
sonably necessary number o f men during such time for the pur
pose o f securing the workings in case o f fire therein.
Sec. 4. No miner or other person shall alter or change any drill Changing holes,
hole, by increasing its depth, diameter, or otherwise, after the
same shall have been approved by the shot firer.
Sec. 5. No shot firer, whether voluntarily or by the command or Unlawful shot*,
request o f any person, shall fire any unlawful shot, or any shot
which in his judgment, exercised as aforesaid, from his inspec
tion thereof, made as aforesaid, shall not be prepared in the
manner required by the laws o f the State o f Indiana concerning
the preparation o f shots or blasts in mines where shooting or
blasting is done.
Sec. 6. No person or persons shall order, command, or induce same,
by threat or otherwise, any shot firer to fire any unlaw ful shot,
or any shot which in his judgment after due inspection, shall not
Ill
LABOR LEGISLATION OF 1919.
112
be prepared in the manner required by the laws o f the State o f
Indiana concerning the preparation o f shots or blasts in mines
where shooting or blasting is done.
Sec. 7. Any neglect, refusal, or failure to do the things required
to be done by any section, clause, or provision o f this act on the
part o f any person or persons, firm, or corporation herein required
to do them, or any violation o f any o f the provisions or require
ments hereof, or any attempt to obstruct or interfere with any per
son or persons, firm, or corporation in the discharge o f duties
herein imposed upon them, or a'iy refusal to comply with the pro
visions o f this act, shall be deemed a misdemeanor, punishable by
a fine o f not less than one hundred ($100) dollars, and not to
exceed two hundred ($200) dollars, or by imprisonment in the
county ja il for a period not exceeding three (3 ) months, or both,
in the discretion o f the court or ju ry trying the case.
Approved February 2, 1919.
Violations.
C h a p te r 39.— Factory, etc., regulations— Gas masks.
Masks t o
furnished.
be
Violations.
S e c tio n 1. Whenever, in the course o f their duties or employ
ment, workmen are required to carry on their w ork in any en
closed room, apartment, building, basement, or other structure,
or other enclosure, not wholly in the open air, in which enclosure
there may be accumulations o f dangerous, noxious, or deleterious
gases, it shall be the duty o f . the person, firm, or corporation for
whom such work is being perform ed to supply such workmen with
serviceable gas masks to be worn while such w ork is being
performed.
}
Sec. ,2. Any person, firm, or corporation who shall fail or refuse
to comply with the provisions ,o f section 1 o f this act shall be
deemed guilty o f a t misdemeanor and upon conviction thereof
shall be fined in any sum not less’ than fifty dollars ($50) nor
more than five hundred dollars ($500). It shall be the duty o f
the industrial board to execute and administer the provisions o f
this act.
Approved March 1, 1919.
C hapter
Provisions re ‘
quired.
56.^-Impection
and regulation
tion, eta.
of
bakeries— Sanita
S ec tio n 1. Any building, or portion o f any building, occupied
or used as a bakery, wherein is carried on the business o f the
production, preparation, storage, or display o f bread, cakes, pies,
and other bakery products intended for sale for human consump
tion, shall be clean, properly5 lighted, drained, and ventilated.
Every such bakery shall be provided with adequate, plumbing and
drainage facilities, including suitable wash sinks, toilets, and
water-closets. All toilets and waterrdosets shall- be separate
and apart from the rooms in which the bakery products are pro
duced or handled. All wash sinks, toilets, and \vaterTclosets,
shall be kept in a clean and sanitary condition and shall be in
w ell lighted and ventilated rooms. The floors, walls, and ceilings
o f the rooms in which the dough is mixed and handled, or the
pastry prepared fo r baking, or in which the bakery products o f
ingredients o f such products ate otherwise handled or stored,
shall be kept and maintained in a clean, wholesome, and sanitary
condition. All openings into such rooms, including windows and
doors, shall be properly screened or otherwise protected to ex
clude flies. No working rooms shall be used for purposes other
than those directly connected with the preparing, baking, storage,
and handling o f food, and shall not be used as washing, sleeping,
or living rooms, and shall, at all times, be separate and closed
from any living or sleeping rooms. Room s shall be provided for
the changing and hanging o f wearing apparel apart and separate
from such w orkroom s; and such rooms, as so provided for the
changing and hanging o f wearing apparel, shall be kept clean at
all times.
TEXT OF LAWS---- INDIANA.
113
Sec. 2. The Indiana State board o f health shall make all neces- Enforcement,
rules for carrying into effect the foregoing section and for
the enforcement o f the provisions thereof. I f after inspection
such board shall find that any bakery is being operated in viola
tion o f the provisions hereof, notice in writing shall be given to
the proprietor wherein sball be stated the particulars in which
such bakery is not being properly conducted, and fixing a reason
able time, not less than thirty days, in which such conditions
shall be remedied. I f the requirements o f such notice shall not
be complied with, said board shall order such bakery closed, and
it is hereby empowered to take all necessary steps to enforce
such order: Provided, That if any person, firm, or corporation
shall feel aggrieved by any order o f said board, it shall have the
right to appeal to the circuit or superior court in the county in
which is located said b a k ery : Provided further r That on the tak
ing o f said appeal the ow^ner or operator o f said bakery shall
furnish bond to the approval o f the b o a rd : And provided further,
That said appeal shall be taken within a period o f thirty (30)
days from the order o f said board.
Cleanliness of
S e c . 3. N o employee or other person shall sit or lie upon any o f employees^
the tables, benches, troughs, shelves, etc., which are intended for
the dough or bakery products. * * * Before beginning the
work o f preparing, mixing, and handling the ingredients used in
baking, every person engaged in the preparation or handling o f
bakery products shall wash the hands and arms thoroughly and
then rinse in clean w ater; and for this purpose sufficient wash
basins and soap and clean towels shall be provided. Every per
son engaged in such work shall wash the hands and arms after
using toilet rooms or water-closets. Employees or other persons
affected with any venereal disease, smallpox, diphtheria, scarlet Disease,
fever, yellow fever, tuberculosis or consumption, bubonic plague,
Asiatic cholera, leprosy, trachoma, typhoid fever, epidemic dysen
tery, measles, mumps, whooping cough, chicken pox, or any other
cutaneous or infectious disease, shall not work or be permitted
to work in any such bakeries or be permitted to handle any o f
the products therein or delivered therefrom. The freedom o f said
bakery employees from any such disease shall be evidenced by a
certificate o f medical examination made at such times, and such Exami nation.
certificate shall be in such form and so kept as shall be prescribed
by the State board o f health. Such medical examinations may be
made by any competent physician, including State, city, town,
and county health officials or their agents o f recognized standing,
and whose qualifications for making such examinations are ap
proved by the State board o f health. Any such physician or
health officer who gives such certificate o f freedom from disease
without thorough examination, or wrho gives such certificate know
ing or suspecting the employee to have or to be infected with any
o f the disease specified in this section, and any employee or other
person engaged in any of the work above mentioned, without first
procuring a certificate as herein prescribed, showing freedom from
any such contagious or infectious disease, shall be deemed guilty
o f a violation o f this act and subject to the penalties provided for
violation thereof. The State board o f health shall prescribe such
reasonable time after the taking effect o f this act within which
the provisions o f this section for the physical examination o f
employees shall become effective.
Rules.
S e c . 4. The State board o f health shall make all necessary rules
for carrying into effect the foregoing section including the forms
o f certificates, and the time and place for examination o f such
employees .and including reasonable and uniform fees for the said
examination. The analysis or examination o f any specimens nec
essary in connection with such medical examination o f employees
shall be made free at the laboratories o f the State board o f health,
or any city or town department o f health as the State board o f
health may designate. The State board o f health or any city,
sary
1757°—21-
-8
LABOR LEGISLATION OF 1919.
114
town, or county board o f health may order any such medical exam i
nation through its own qualified officers or agents at any time
deemed necessary, which examination shall be free and at the
expense o f the board making the exam ination: Provided, hoicever,
That any employee or employer may have his or her own physician
present at any such examination.
Violations.
Sec. 10. Any person, firm, or corporation who shall violate any of
the provisions of this act shall be subject to a fine of not less than
ten dollars nor more than one hundred dollars, and each day’s
continuance of any practice, act, or condition prohibited herein
shall constitute a separate offense within the meaning of this act.
Conflicting or
S e c . 11. Except as in this act provided, no city or town or any
dinances.
board or officer thereof shall have power to enact or make any
ordinance, law, resolution, rule, or order affecting the matters cov
ered by this act.
Provisions sev
Sec. 12. That if any clause, sentence, paragraph, or part of
erable.
this act shall for any reason be adjudged by any court of com
petent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder of this act, but shall be con
fined in its operation to the clause, sentence, paragraph, or part
thereof directly involved in the controversy in which such judg
ment has been rendered.
Approved March 10, 1919.
C hapter
Offenses.
Same.
Penalty.
S e c t io n 1. The display or exhibition at any meeting, gathering,
or parade, public or private, o f any flag, banner or emblem sym
bolizing or intended by the person or persons displaying or ex
hibiting the same to symbolize a purpose to overthrow, by force
or violence, or by physical injury to personal property, or by the
general cessation o f industry, the Government o f the United States
or [o f] the State o f Indiana, or all government, is hereby declared
to be unlawful.
Sec. 2. It shall be unlawful for any person to advocate or incite
or to write or with intent to forw ard such purpose to print, pub
lish, sell, or distribute any document, book, circular, paper,
journal or other written or printed communication in or by which
there is advocated or incited the overthrow by force or violence,
or by physical injury to personal property, or by the general
cessation o f industry, o f the Government o f the United States, o f
the State o f Indiana, or all government.
Sec. 3. That any person or persons convicted o f violating any
section o f this act shall be fined not more than $5,000 or im
prisoned for not more than five years, or both.
Approved March 14, 1919.
C hapter
Enforcement
law.
125.— Criminal syndicalism— General strike.
167.— Protection of employees on buildings.
S e c t io n 1. From and after the passage o f this act, it shall be
and is hereby the duty o f the building inspector of every city, if
there be a building inspector, and if there be no building inspector
then o f the mayor, and o f the township trustee o f every township,
the board o f trustees o f every town and the board o f commis
sioners o f every county, to inspect or have inspected any building,
or anything attached thereto located therein, or connected there
with, which is in the course o f erection or repair as defined and
set forth in the provisions o f this act [chapter 236, Acts o f 1911],
to ascertain whether or not the provisions o f this act have been,
or are being complied with. I f it appears upon such inspection
that the building or anything attached thereto, or located therein,
or connected therewith, is being constructed, erected or repaired,
contrary to and in violation o f the provisions o f this act or of
the act to which this act is supplemental, such officer, so charged
with the duty o f inspecting said building, as aforesaid, shall order
r
TEXT OF LAWS— INDIANA.
the same to be remedied and the provisions o f this act complied
with, and i f such notification be not complied with, within reason
able time, he shall prosecute whoever may be responsible for
such delinquency and violation.
Sec. 2. Nothing contained in the provisions o f this act shall
affect, amend, repeal or alter in any way the present inspection
or dangerous occupation laws o f this State, except as herein set
forth, but this act shall be deemed additional and supplemental
thereto.
Approved March 14, 1919.
115
Effect of act-
Chapter 169.— Mine regulations— Border line mines.
Section 1. Whenever any mine or mines, the shaft or opening whatffi
o f which is located in any State other than the State o f Indiana,ance su 0161
shall have entries or workings underground extending into and
within the State o f Indiana, a compliance with the laws o f the
State in which the shaft or opening o f said mine is located gov
erning mines and minings shall be taken, deemed, and considered
a full compliance with the laws o f the State o f Indiana governing
mines and minings as to all that part o f said entries and workings
lying and being within the State o f Indiana.
Sec. 2. In the case o f any mine or mines, the shaft or opening o f tJ f hat law con‘
which is located in any State other than the State o f Indiana, the
employees in the entries or workings o f such mines extending into
and within the State o f Indiana, shall be controlled and governed
by the laws o f the State in which the shaft or opening o f such
mine is located in any and all matters pertaining to their employ
ment, including compensation laws and suits for damages for
personal injuries.
Approved March 14, 1919.
Chapter 192.— Free public employment offices.
Section 1. There is hereby created a board o f seven members
which shall be known as the Employment Commission o f Indiana.
W ithin thirty days o f the taking effect o f this act the governor
shall appoint two members who shall serve two years each, two
members who shall serve three years each, two members who
shall serve fou r years each, and one member who shall be desig
nated as chairman and whose official title shall be £>tate director,
Indiana Free Employment Service, and who shall serve four
years. Thereafter each succeeding member shall be appointed
fo r terms o f four years each. Vacancies shall be filled in the same
manner for unexpired terms. In all cases any member shall con
tinue to hold office until his successor is appointed and duly
qualified.
Upon the filing of written charges affecting the competency or
availability o f any member o f the said commission or of the State
director o f said free employment service, the governor shall hear
such charges and in his discretion cause the resignation or re
moval o f any such member or o f the director.
Sec. 2. In selecting members o f this commission the governor
shall appoint two members who are or represent “ employees,”
two members who are or represent “ employers,” two members,
one o f whom shall be a woman representing the disinterested
public and one member, the chairman, who shall be chosen be
cause o f his peculiar fitness, training, and experience without
regard to party or other affiliation. A m ajority o f said commission
shall constitute a quorum to transact business.
The members o f the commission, with exception o f the chairman, shall serve without pay, but shall be reimbursed for traveling
and other expenses incident to the discharge o f their duties. The
chairman who shall be the executive officer o f the commission
shall be paid such an annual salary as the other members o f the
Board created,
Removals.
Representation.
Expenses,
116
LABOR LEGISLATION OF 1019.
commission, by and with the advice o f the governor, shall agree
upon.
Sec. 3. The said employment commission shall have the right,
power, and authority to purchase and secure equipment and neces
sary supplies, to prepare and promulgate rules and regulations
fo r the administration o f the service, and wTith the advice and
consent o f the governor to employ, promote, discharge, and de
termine the compensation o f such assistants, clerks, inspectors,
stenographers, and other help as may be deemed necessary to the
proper enforcement o f this act. All employees, assistants, clerks,
inpectors, stenographers, and other necessary assistants, shall be
chosen because o f their qualifications and fitness to discharge the
duties o f the position to be filled : Pro vided, That not more than
fifty per cent o f such employees shall be members o f the same
political party.
Sec. 4. It shall be the duty o f the employment commission, and
it shall have pow7er, jurisdiction, and authority—
Establish offices.
Sec. 4. (a ) To establish and conduct free employment offices in
the State where in the opinion o f the commission such action may
Duties.
be deemed advisable and expedient to public w elfa re; to do all
in its power within the limitations o f this act to bring together
employers seeking employees and applicants for employment seek
ing em ployers; to make known the opportunities for self-employ
ment in the State; to devise and adopt the most efficient means
within its power to avoid unemployment; to provide employment
and to prevent distress from involuntary idleness, and to extend
vocational guidance to minors seeking employment.
Sec. 4 (b ) To establish and maintain such sections o f the em
ployment service as w ill best serve the public welfare and wrhich
shall include—
1. Men’s section.
2. W om an’s section.
3. Farm labor section.
4. Soldiers’ and sailors’ section, whose duties shall include com
plete cooperation with the Federal Board for Vocational Educa
tion, division for rehabilitation o f crippled soldiers and sailors in
endeavoring to secure suitable employment and fair treatment o f
the veterans o f the W orld War.
5. Junior section, wiiose duties and authority shall include:
Jurisdiction over all matters contemplated in this act pertaining
te securing employment for all minors wTho avail themselves of
the free employment serv ice; so to conduct its affairs that at all
times it shall be in harmony with laws relating to child labor
and compulsory edu cation ; to aid in inducing minors over sixteen,
who can not or do not for various reasons attend day school, to
undertake promising skilled employm ent; to aid in influencing
minors who do not come within the purview7 o f compulsory educa
tion laws and who do not attend day school to avail themselves
o f continuation or special courses in existing night schools, voca
tional schools, part-time schools, trade schools, business schools,
vestibule schools, library schools, university extension courses,
e t c , so as to become more skilled in such occupations or vocations
to which they are respectively inclined or adapted; to aid in secur
ing vacational employment on farm s for town and city boys who
are interested in agricultural work and particularly town and
city high school boys who include agriculture as an elective stu d y ;
to cooperate with various social agencies, schools, etc., in group
organization o f employed minors, particularly those o f foreign
parentage, in order to promote the development o f real, practical
Americanism in a broader knowiedge o f the duties of citizenship;
to investigate methods o f vocational rehabilitation o f boys and
girls who are maimed or crippled, and to provide ways and means,
subject to the approval o f the commission, for minimizing such
handicap.
Advertising.
Sec. 4. (c ) To advertise in the columns o f the newspapers or
other media, for such situations as it has applicants to fill, and
Powers.
TEXT OF LAWS----INDIANA.
117
to advertise in a general way fo:* the cooperation o f large con
tractors and employers in such trade journals or special publica
tions as reach such employers, whether such trade or special
journals are published within the State o f Indiana or n o t ; to
collect, collate, and publish statistical and other inform ation re
lating to the work under its ju risd iction ; to investigate economic
developments and the extent and causes o f unemployment and
remedies therefor within and without the State, with the view of
preparing for the inform ation o f the general assembly such facts
as in its opinion may make further legislation desirable.
Sec. 4 (d ) To enter an agreement with the governing authori- Local offices*
ties o f any municipality, county, township, or school corporation
in the State for such period o f time as may be deemed desirable
for the purpose o f establishing and maintaining local free em
ployment offices, and for the extension of vocational guidance to
minors.
Sec. 4. (e ) By and with the advice o f the governor to enter Cooperation,
into any such cooperative agreement as may be deemed desirable
by the commission with the U. S. Employment Service or such
bureau o f U. S. Department o f Labor as the Secretary thereof
may hereafter designate, or other Federal agency as Congress
may hereafter authorize, for the purpose o f securing financial
aid from the United States Government for the establishment
and maintenance o f free public employment service and the exten
sion o f vocational guidance to minors under and by virtue o f any
such agreement as aforesaid to pay from any funds appropriated
by the State for the purpose o f this act, any part or the whole o f
the salaries, expenses of rent, maintenance and equipment o f
offices, and other expenses necessary to the maintenance o f the
joint system provided for by such agreement.
Section 4. ( f ) By and with the advice o f the governor to enter R e c ip r o c a l
into reciprocal and cooperative agreements with neighboring ag’reements>
States in seeking a solution to such employment problems, which
because o f their peculiar nature are not local but extend beyond
the borders o f the State.
Section 4. (g ) To receive, accept, and use in the name o f the Gifts*
people o f the State or any community or municipal corporation,
as the donor may designate by gift or device, any moneys, buildings,
or real estate for the purpose o f extending vocational guidance to
the minors o f the State, and for the purpose o f giving assistance
to deserving maimed or crippled boys and girls through voca
tional rehabilitation.
Sec. 5. It shall be lawful for the governing authorities of any tiegocal authori_
municipality, county, township, or school corporation in the State 1
to enter into cooperative agreement with the employment com
mission, and to appropriate and expend the necessary money and
to permit the use of public property for the joint establishment and
maintenance of such offices as may be mutually agreed upon, and
for the extension of vocational guidance to minors.
Sec. 6. It shall be unlaw ful for any officer, employee, or agent Fees forbidden,
o f the aforesaid employment commission to charge or receive,
directly or indirectly, from persons applying for employment or
help through said free employment offices, or from any person who
becomes the beneficiary of the services o f any division o f the
employment commission, any fee, compensation, or anything o f
value, and any officer or employee who shall directly or indirectly
accept any fee or compensation from any applicant or beneficiary,
or from his or her representative, shall be deemed guilty o f a mis
demeanor, and upon conviction shall be fined not less than twentyfive dollars, and not more than fifty dollars, to which may be
added imprisonment in the county ja il for not more than thirty
days.
Sec. 9. There is hereby appropriated annually, from the gen- Appropriation,
ria l funds o f the State o f Indiana, the sum o f thirty-eight thou
sand dollars ($38,000) for the purpose o f enforcing and adminis
tering the provisions o f this act.
118
Definitions.
LABOR LEGISLATION OF 1919.
S e c . 11. The term “ employer ” shall mean and include every
person, firm, corporation, agent, manager, representative, or other
persons having control or custody o f any employment, place o f
employment or any employee.
The term “ employee ” shall mean and include every person who
may be required or directed by any employer, in consideration o f
direct or indirect gain or profit, to engage in any employment or
to go or work or be at any time in any place o f employment.
Approved March 15, 1919.
IO W A .
ACTS OF 1919.
C h a p te r
94.— Employment of children— Part-time schools.
S e c t io n 1. The board o f directors o f any organized school d is -. Schools author-
trict may establish and maintain part-time schools, departm ents,lzed*
or classes in aid o f vocational and other education fo r minors
between the ages o f fourteen (14) and sixteen (16) years (1 )
holding work certificates, or (2 ) who have not completed the
eighth grade and are employed in a “ store or mercantile estab
lishm ent/’ where eight (8 ) or a less number o f persons are em
ployed, or in “ establishments or occupations which are owned or
operated by their own parents,” or (3 ) who have completed the
eighth grade and are not engaged in some useful occu pation ;
and such board o f directors shall organize such a part-time school,
department, or class whenever there are fifteen (15) minors as
defined above resident in the district. The courses o f study o f
such part-time schools, departments, or classes may include, “ any
subject given to enlarge the civic or vocational intelligence,” o f
the pupils attending.
S e c . 3. Such part-time schools, departments, or classes, for
Time*
the attendance o f children over fourteen (14) and under sixteen
(16) years o f age, shall be organized in accordance with stand
ards established by the State board for vocational education,
and shall provide for not less than eight (8 ) hours o f instruction
per week during the length o f term for which public schools are
established in the district. Such part-time schools, departments,
or classes shall be held between the hours o f eight (8 ) o’clock
a. m. and six (6 ) o’clock p. m.
S e c . 7. The enforcement o f this act shall rest with the school Enforcement*
board in the district in which such part-time school, department,
or class shall have been established and the State department o f
public instruction through its inspectors and the State board for
vocational education through its supervisors o f vocational educa
tion, in conjunction with the county superintendent o f schools,
are empowered to require enforcement o f the same on the part
o f school boards.
Approved March 27, 1919.
C h a p t e r 139.— Employment of children— Hours of labor.
[This act amends section 2477-c o f the code, as amended in
1915, by fixing 40 hours as the maximum for a week’s work for
children under 16 years o f age in districts where there is a parttime school or class.]
C h a p t e r 213.— Labor organizations— Monopolies.
S e c t io n 1. Section five thousand sixty-seven-a (5067-a) o f the
Supplement to the Code, 1913 is amended by adding to said section
follow ing the period at the close thereof the follow in g :
Provided, however, That the labor o f a human being either
mental or physical is not a commodity or article o f commerce
and it shall not be unlawful fo r men and women to organize them
selves into or carry on unions fo r the purpose, by lawful means
o f lessening the hours o f labor or increasing the wages, or better
ing the condition o f the members o f such organizations; or law
fully carrying out their legitimate purposes.
Status of labor,
Approved April 11, 1919.
119
LABOR LEGISLATION OF 1919.
120
C h a p t e r 382.— Criminal syndicalism— Sabotage.
Definition.
Offenses.
Penalty.
Assembling.
Permitting
seniblage.
S e c t io n 1. Criminal syndicalism is tlie doctrine which advocates
crime, sabotage, violence, or other unlawful methods o f terrorism
as a means o f accomplishing industrial or political reform. The
advocacy o f such doctrine, whether by word o f mouth or writing,
is a felony punishable as in this act otherwise provided.
Sec. 2. Any person w h o:
A. By wTord o f mouth or writing, advocates or teaches the duty,
necessity, or propriety o f crime, sabotage, violence, or other un
lawful methods o f terrorism as a means o f accomplishing indus
trial or political reform ; or
B. Prints, publishes, edits, issues, or knowingly circulates, sells,
distributes, or publicly displays any book, paper, document, or
written matter in any form, containing or advocating, advising
or teaching the doctrine that industrial or political reform should
be brought about by crime, sabotage, violence, or other unlawful
methods o f terrorism ; or
C. Openly, w illfully and deliberately justifies, by w ord o f mouth
or writing, the commission or the attempt to commit crime, sabot
age, violence, or other unlawful methods o f terrorism with intent
to exemplify, spread, or advocate the propriety o f the doctrine o f
criminal syndicalism ; or
D. Organizes or helps to organize, or becomes a member o f or
voluntarily assembles wTith any society, group, or assemblage o f
persons formed to teach or advocate the doctrines o f criminal
syndicalism, is guilty o f a felony and punishable by imprisonment
in the State penitentiary or reform atory for not more than ten
years (10) or by a fine o f not more than five thousand dollars
($5,000) or both.
S e c . 3. W henever two or more persons assemble for the purpose
o f advocating or teaching the doctrines o f criminal syndicalism
as defined in this act, such an assemblage is unlawful and every
person voluntarily participating therein by his aid or instigation
is guilty o f a felony and punishable by imprisonment in the State
penitentiary or reform atory for not more than ten years (10) or
by a fine o f not more than five thousand dollars ($5,000) or both.
S e c . 4. The owner, agent, superintendent, janitor, caretaker, or
occupant o f any place, building, or room, who w illfully and knowTingly permits therein any assemblage o f persons prohibited by the
provisions o f section 3 o f this act, or who, after notification by the
sheriff o f the county or the police authorities that the premises are
so used, permits such use to be continued is guilty o f a misde
meanor and punishable by imprisonment in the county jail for not
more than one year or by a fine o f not more than five hundred dol
lars ($500) or both.
Approved April 25, 1919.
KANSAS.
ACTS OF 1919.
C hapter
221.— Payment of wages on discharge.
S e c t io n 1. Section 5875 of tlie General Statutes o f 1915 is hereby
amended so as to read as fo llo w s :
Section 5875. Whenever any employee is discharged from the Wages to
employment o f any such corporation, firm,
person, then th e paidwages o f such employee shall become due and payable on the day •
o f such discharge, and any corporation, firm, or person failing to
pay such wages on written demand, within twenty-four hours of
time o f demand, shall, as a penalty for such failure, continue to Penalty,
pay to such employee, from day to day, additional wages at the
same rate that he had been earning previous to such discharge,
until full payment o f original wages is made.
Approved March 20, 1919.
Chapter
231.— Mine regulations.
[This chapter adds a proviso to section 6292, General Statutes, in
regard to the method o f measuring distances between break
throughs.]
C hapter
232.— Mine regulations
[This chapter extends for a period of four years from March
1, 1919, the time for constructing escape shafts, extended by
chapter 243, Acts o f 1917.]
C hapter
284.— Department of labor and industry.
13. Section-5, chapter 1, Session Laws o f 1917, [shall]
be amended to read as fo llo w s :
Section 5. The commissioner o f labor and industry shall receive an annual salary o f three thousand dollars; the assistant
commissioner o f labor and industry shall receive an annual salary
o f two thousand d olla rs; the chief clerk shall receive a salary o f
fifteen hundred dollars, two factory inspectors (one o f whom
shall be a woman) shall receive an annual salary o f sixteen
hundred each, a fire-escape inspector at twelve hundred dollars
per annum; five deputy mine inspectors shall receive each an an
nual salary o f fifteen hundred d olla rs; a statistical clerk and free
employment clerk who shall each receive an annual salary o f
twelve hundred d olla rs; the clerk in the mine inspection depart
ment shall receive an annual salary of twelve hundred dollars;
and stenographers who shall receive in the aggregate not more
than three thousand dollars, and not more than twelve hundred
annually to any one person.
Approved May 10, 1919.
S e c t io n
Salaries,
121
be
MAINE.
ACTS OF 1919.
C hapter
17.— Mothers’ pensions.
[This act amends several sections o f chapter 222, Acts o f 1917,
the principal changes being the advancement o f the age o f chil
dren who may be considered from fourteen years to sixteen years.
Section 3 is amended by striking out the provision regulating the
amounts that may be paid.]
C hapter
38.— Pensions for State employees.
S e c t io n 1. The superintendent and board o f trustees o f any
Retirement
State institution and the head o f any State department m a y thorized*
recommend the retirement from active service and the placing
upon a pension roll, any employee who has been employed in
any State institution or department o f this State, with a good
record for the term o f twenty-five consecutive years, or more,
and such employee, subject to the approval o f the governor and
council shall be so retired and pensioned.
S e c . 2. Any employee who is retired, as provided in this act,
Allowance,
shall be allowed such amount as the governor and council shall
determine not to exceed one-half o f the average wage or salary
he was receiving for the five years previous to the time o f his
retirement.
Approved March 8, 1919.
C hapter
au-
190.— Employment of children— General provisions.
[This chapter amends sections 20, 21, and 23 o f chapter 49 o f
the revised statutes so as to read as fo llo w s :]
S e c t i o n 20. No child under fourteen years o f age shall be
employed, permitted or suffered to work in, about, or in connec
tion with any manufacturing or mechanical establishment. No
child under fifteen years o f age shall be employed, permitted
or suffered to work at any business or service for hire, whatever,
during the hours that the public schools o f the town or city in
which he resides are in session.
S e c . 21. No minor between the ages o f fourteen and sixteen years
shall be employed, permitted, or suffered to work in any o f the
aforementioned occupations unless the person, firm, or corporation
employing such child procures and keeps on file accessible to any
truant officer, factory inspector, or other authorized officer charged
with the enforcement o f sections twenty to thirty-one, both in
clusive, o f this chapter, a work permit issued to said child by the
superintendent o f schools o f the city or town in which the child
resides, or by some person authorized by him in writing. The
person authorized to issue a work permit shall not issue such per
mit until such child has furnished such issuing officer a certificate
signed by the principal o f the school last attended showing that
the child can read and write correctly simple sentences in the
English language and that he has satisfactorily completed the
studies covered in the first six yearly grades of the elementary
public schools or their equivalent; in case such certificate can not
be obtained, then the officer issuing the work permit shall examine
such child to determine whether he can meet the educational stand
ard specified and shall file in his office a statement setting forth
the result o f such exam ination; nor until he has received, exam-
Age limit,
Work permits,
Evidence,
123
124
LABOR LEGISLATION OF 1919.
ined, approved and filed satisfactory evidence o f age showing that
the child is fourteen years old or u p w a rd ; such evidence shall
consist o f a certified copy o f the town clerk’s record o f the birth
o f said child, or a certified copy o f his baptismal record, showing
the date o f his b'rth and place o f baptism, or a passport showing
the date o f birth. In the event o f the minor being unable to pro
duce the evidence heretofore mentioned, and the person authorized
to issue the work permit beiug satisfied o f that fact, the said work
permit may be issued on other documentary evidence o f age satis
factory to the person authorized to issue the work permit, pro
vided said documentary evidence has been approved by the State
commissioner o f labor. The superintendent o f schools, or the per
son authorized to issue such work permit may require, in doubtful
Physician’s cer. cases, a certificate signed by a physician appointed by the school
board, or in case there is no school physician, from the medical
tificate.
officer o f the board o f health, stating that such child has been
examined by him, and, in his opinion, has reached the normal de
velopment o f a child o f its age, and is in sufficiently sound health
and physically able to perform the work which he intends to do.
The State factory inspector, his deputy or agent, may require a
similar certificate in doubtful cases o f the minors employed under
a work permit. A work permit when duly issued shall excuse
such child from attendance at public schools; but no person,shall
issue such permit to any minor then in or about to enter his em
ployment or the employment of the firm or corporation o f which
he is a member, stockholder, officer, or employee.
Forms.
S e c . 23. The blank work permit and other papers required in the
two preceding sections shall be formulated by the commissioner
o f labor and industry, and furnished by him to the persons author
ized to issue work permits. The forms o f such permits and other
papers shall be approved by the attorney general. Every work
permit and every vacation permit shall be made out in duplicate.
All duplicates, accompanied by the original papers on which such
Duplicates.
permits were issued, shall be forwarded to the department o f
labor and industry, by the officer issuing same, within twenty-four
hours o f the time that said permit was issued. Said department
shall examine said papers and promptly return them to the officer
who sent them. Said original papers upon which said permits
were issued shall be filed by said officer and preserved for such
time as said permits are outstanding, or until the minor arrives
at the age o f sixteen. They shall be at all times accessible to
the commissioner o f labor and industry or any authorized agent
of his department. Said officer shall return to said child all
papers with him filed on proof o f age, upon a surrender o f the
work permit. All permits thus surrendered shall be marked can
celed by the officer receiving them. W henever there is reason
Cancellation.
to believe that a work permit was improperly issued the com
missioner o f labor and industry and State factory inspector, his
deputy or agent, shall notify the local superintendent o f schools
o f the place in which said certificate was issued. The local super
intendent shall cancel such permit when directed so to do by the
commissioner o f labor and industry.
Approved April 4, 3919.
C hapter
Night work.
191.— Hours of labor of women and children.
TSection 2 o f chapter 350, Acts of 1915, is amended to read as
fo llo w s :]
S e c . 2. No minor under sixteen years o f age shall be employed
or permitted to work in or in connection with any o f the estab
lishments or occupations named in section one o f this act, or
in any bowling alley or pool room, before the hour o f six-thirty
o ’clock in the morning or after the hour o f six o’clock in the
evening o f any one day.
Approved April 4, 1919.
TEXT OF LAWS----MAINE.
C h a p te r
125
205— Employed children—Continuation schools.
S e c t io n 1. In order to improve the industrial and civic efficiency ize&hools autbor'
o f persons between the ages o f fourteen and eighteen now engaged
in industrial occupations and who have not reached the proficiency
in reading, writing, arithmetic, language, geography, history, and
citizenship required fo r the completion o f the elementary school
course as recognized in the schools o f the State o f Maine, the
superintending school committee and boards o f education o f the
towns and cities o f the State are hereby authorized to establish
part-time or part-time continuation schools and classes for the
benefit o f such persons. For the purpose o f this act a part-time
continuation school or class shall be understood to mean such
schools or classes as are conducted during the regular working
hours o f the persons employed. Such schools shall cover one
hundred and forty-fou r hours per year and meet the standards
set up by the State board for vocational education.
S e c . 3. This act shall not be construed to interfere in any man- Act construed,
ner with the provisions o f chapter forty-nine o f the Revised
Statutes relating to child labor and the amendments thereto.
Approved April 4, 1919.
C hapter
231.— Department of labor and industry.
[Sections 9 and 22 o f chapter 49 o f the Revised Statutes are
amended to read as fo llo w s :]
S e c t io n 9. A State department o f labor and industry shall be
maintained under the direction o f an officer whose title shall be
commissioner o f labor and industry, and State factory inspector.
He shall be appointed by the governor, with the advice and consent
o f the council, for a term o f three years, and shall hold office
until his successor is appointed and qualified. He shall have an
office in the State capitol. He shall appoint a deputy who shall be
clerk o f the department, and deputy State factory inspector, and
shall hold office during the pleasure o f the com m issioner; he shall
also appoint a stenographer for the department and a woman
factory inspector, and may employ special agents and such other
assistants as may be required for the work o f the department.
The special agents and other assistants shall w ork under the super
vision and direction o f the commissioner and shall be paid for
their services such compensation as he may deem proper, not
exceeding five dollars a day and necessary traveling expenses.
All expenses o f the department shall be audited by the State
auditor and shall be payable upon proper vouchers certified by
the commissioner.
S e c . 22. The commissioner o f labor and industry and State
factory inspector shall receive an annual salary o f two thousand
dolla rs; the commissioner and the deputy State factory inspector
shall also receive their actual traveling expenses.
Approved April 4, 1919.
Commissioner,
Assistants.
Salary, etc.
MASSACHUSETTS.
ACTS OF 1919.
C h apter
S e c t io n
70.— Employees9 representation on boards of directors.
1. A m anufacturing corporation may provide by by-law
Representation
for the nomination and election by its employees o f one or m oreauthorized*
of them as members o f its board o f directors.
Sec. 2. All elections under the provisions of section one shall be Elections,
held at the works of the corporation on the day of the annual
meeting, and the voting shall be by secret ballot.
Sec. 3. I f less than a m ajority o f those entitled to vote partici- H no election,
pate in the election there shall be no election, and the vacancy
shall be filled as the by-laws may prescribe.
Sec. 4. A director elected by the employees shall have the same Powers of di
rights and powers and shall be subject to the same duties a n d rector«
responsibilities as a director elected by the stockholders.
Approved April 3, 1919.
Chapter 72.— Minimum wage— Vacancies on boards.
[This act amends section 4 o f chapter 706, Acts o f 1912, by
adding thereto the fo llow in g :!
The commission shall have power to fill a vacancy or vacancies
arising in a duly constituted wage board by appointing a sufficient
number o f suitable persons to complete the representation o f the
employers, employees, or public, as the case may be.
vacancies
e*
Chapter 76.— Minimum wage— Records.
[This act amends section 11 o f chapter 706, Acts o f 1912, by
authorizing the minimum wage commission to require special rec
ords o f working hours o f women and minors for limited periods,
in its discretion.]
Chapter 77.—Minimum wage—Notices to be posted.
[This chapter adds section 11A to chapter 706, Acts o f 1912, as
fo llo w s :]
Section 11A. The commission may require employers in any
P o s t i n g re
occupation to post notices of its hearings or of nominations for•(*uired*
wage boards, or of decrees that apply to their employees, in such
reasonable way and for such length of time as it may direct.
W hoever refuses or fails to post such notices or decrees, when so
required, shall be punished by a fine of not less than five nor
more than fifty dollars for each offense. The commission and the
State board o f labor and industries shall have power to enforce
the provisions o f this section.
Sec. 2. Chapter sixty-five o f the General Acts o f nineteen
hundred and fifteen is hereby repealed.
Approved April 4, 1919.
Chapter 113.— Employment
of women and children— Hours of
labor.
[This act amends section 48 of chapter 514, Acts of 1909, so as
to read as fo llo w s :]
127
128
LABOR LEGISLATION OF 1919.
S e c t io n 48. No child under eighteen years o f age and no woman
shall be employed in laboring in any factory or workshop, or in
any manufacturing, mercantile, mechanical establishment, tele
graph office, or telephone exchange, or by any express or transpor
tation company, more than nine hours in any one d a y ; and in no
Forty-eight hour case shall the hours o f labor exceed forty-eight in a week except
;eek«
that in manufacturing establishments where the employment is
by seasons, and the State board o f labor and industries shall
Seasonal
i n - determine what employments are seasonal, the number o f such
ustnes.
hours in any week may exceed forty-eight, but not fifty-two, pro
vided that the total number o f such hours in any year shall not
exceed an average o f forty-eight hours a week for the whole year,
excluding Sundays and h olid a ys; and if any child or woman shall
be employed in more than one such place the total number o f
hours o f such employment shall not exceed forty-eight hours in
any one week. Every employer, except those employers herein
after designated, shall post in a conspicuous place in every room
Schedule.
in which such persons are employed a printed notice stating the
number o f hours’ work required o f them on each day o f the week,
the hours o f beginning and stopping work, and the hours when
the time allowed for meals begins and ends or, in the case o f
mercantile establishments and o f establishments exempted from
the provisions o f section sixty-seven and o f section sixty-eight, as
amended by chapter one hundred and ten o f the General Acts o f
nineteen hundred and seventeen, the time, if any, allowed for
meals. The printed form s o f such‘ notices shall be provided by
the State board o f labor and industries, after approval by the
attorney-general. The employment o f any such person at any time
other than as stated in said printed notice shall be deemed a
Violations.
violation o f the provisions o f this section unless it appears that
such employment was to make up time lost on a previous day o f
the same week in consequence o f the stopping o f machinery upon
which such person was employed or dependent for employm ent;
but no stopping o f machinery for less than thirty consecutive
minutes shall ju stify such overtime employment, nor shall such
overtime employment be authorized until a written report o f the
day and hour o f its occurrence and its duration is sent to the
State board o f labor and industries, nor shall such overtime em
ployment be authorized because o f the stopping o f machinery for
the celebration o f any holiday. Every employer engaged in fu r
nishing public service or in any other kind o f business in respect
to which the State board o f labor and industries shall find that
public necessity or convenience requires the employment o f chilShifts.
dren under the age o f eighteen or women by shifts during different
periods or parts o f the day, shall post in a conspicuous place in
every room in which such persons are employed a printed notice
stating separately the hours o f employment for each shift or tour
o f duty and the amount o f time allowed for meals. Printed forms
o f such notices shall be provided by the State board o f labor and
industries, after approval by the attorney-general. A list by name
o f the employees, stating in which shift each is employed, shall
be kept on file at each place o f employment for inspection by
employees and by officers charged with the enforcement o f the
law. In cases o f extraordinary emergency, as defined by section
one o f chapter four hundred and ninety-four o f the acts o f nineteen
hundred and eleven, as amended by section one o f chapter two
hundred and forty o f the General Acts o f nineteen hundred and
sixteen, or extraordinary public requirement, the provisions o f
this act shall not apply to employers engaged in public service or
in other kinds o f business in which shifts may be required as
hereinbefore stated; but in such cases no employment in excess
o f the hours authorized under the provisions o f this act shall be
considered as legalized until a written report o f the day and hour
o f its occurrence and its duration is sent to the State board o f
labor and industries.
Nine-hour day.
Approved April 18, 1919.
T E X T
C h a p t e r 1 5 2 .—
O F
L A W S —
Vacations for State employees.
S e c tio n
1. All laborers, workmen, and mechanics who are
within the provisions of chapter four hundred and ninety-four
of the Acts of nineteen hundred and eleven, and amendments, and
who are permanently in the service or employ of the Common
wealth, of the metropolitan water and sewerage board, or of the
metropolitan park commission shall be entitled to an annual
vacation of not less than twelve working days with pay.
Approved May 3, 1919.
C h a p te r
129
M A S S A C H U S E T T S .
who entitled,
193.— Specifications for weaving.
STliis act amends section 116 of chapter 514, Acts of 1909, as
amended by chapter 263, Acts of 1911, by adding-thereto the
>'ollowing:]
The said specifications shall also contain a detailed schedule of
the method of computation of the price of cotton or silk or mixed
cotton and silk weaving paid by the said occupier or manager,
and no particular in the specifications shall be expressed by means
of symbols, but every particular shall be sufficiently clear and com
plete as to enable the operative to determine readily the price
payable for the cut or piece.
C h a p te r
2 2 4 . — Factory,
Price,
etc., inspectors.
[This chapter amends section 8 of chapter 726, Acts of 1912,
as amended, by increasing the inspection force from 24 to 39,
and adding inspectors of building operations to the classes already
provided for. Four appointees shall be men who have worked
at least three years as building construction workmen.]
C h a p te r
2 8 1 . — Employment
of children — School attendance.
[This chapter amends section 1 of chapter 44, Revised Laws, by
requiring the completion of the sixth grade of school work, in
stead of the fourth grade, to exempt from the requirement of
compulsory school attendance.]
C h a p te r
311.— Employed children — Continuation schools.
S e c t i o n . ( 1 ) Every city and town in which, during a calendar
Schools to be
year ending December thirty-first, two hundred or more minorsestab
under sixteen years of age are regularly employed not less than
six hours per day by authority of employment certificates or
home permits described in section one of chapter forty-four of
the Revised Laws, as amended, shall, and any other city or town
may, through its school committee, local board of trustees for
vocational education, or both, establish at the beginning of the
next school year and maintain continuation schools or courses
of instruction for the education of such minors under sixteen years
of age who are regularly employed not less than six hours per
day at home or elsewhere within the city or town, and for such
others as may be required to attend as provided in section three.
In determining the cities or towns required to establish continua
tion schools, or courses of instruction, minors who are employed
during vacations by authority of employment certificates or home
permits shall not be counted. The said schools or courses shall
be in session during the same number of weeks in each year as the
high schools of the city or town.
(2 )
When a city or town shall have established the said schools Attendance re*
or courses, it shall, subject to the provisions of chapter forty-four qmie *
of the. Revised Laws, and amendments thereof not inconsistent
herewith, and in accordance with the provisions of paragraphs
three and four of this section, require the attendance thereat of
1 7 5 7 ° — 2 1 ------ 9
130
L A B O E
L E G IS L A T IO N
O F
1919.
every minor under sixteen years of age wlio is engaged within the
limits of the city or town in regular employment or business
under the authority of an employment certificate, or in profitable
employment at home under the authority of a home permit: Pro
vided, however, That upon application of the parent or guardian
of the minor involved, instruction in the regular schools shall be
accepted as instruction equivalent to that provided for by this act.
Time.
(3) The required attendance at said schools or courses shall be
at the rate of not less than four hours per week for minors regu
larly employed not less than six hours per day at home or else
where, and at the rate of not less than twenty hours a week for
minors who have secured employment certificates, and who are
temporarily out of regular employment or business, provided the
school or course is in session twenty hours a week, and shall be
between the hours of eight o’clock in the morning and five o’clock
in the afternoon of any working day or days except Saturday.
Status.
(4) In the establishment and conduct of said continuation
schools or courses of instruction, any city or town may take ad
vantage of established educational agencies, and may utilize any
suitable quarters which meet with the approval of the board of
education; but. when established, the said continuation schools
or courses shall be considered a part of the public-sehool system
of the municipality wherein the minors attending the same are
employed.
Time as work.
(5) The time spent by a minor in a continuation school or
course of instruction shall be reckoned as a part of the time or
number of hours minors are permitted by law to work.
Place of resi
Sec. 3. (1) Any minor under sixteen years of age who has been
dence.
regularly employed in a city or town other than that of his resi
dence, and who is temporarily unemployed, may be required, under
conditions approved by the board of education, to attend such a
continuation school or such courses of instruction in the city or
town of his residence.
(2)
Whenever an employment certificate is issued to a minor
under sixteen years of^age, authorizing employment in a city or
town other than that of his residence, a duplicate thereof shall
be sent forthwith to the superintendent of schools of the city or
town in which the employment is authorized.
Duty of em
S e c . 4 . The employer of any minor between fourteen and sixteen
ployers.
years of age who is required to attend a continuation school or
course of instruction as defined in this act, shall cease forthwith
to employ such minor when notified in writing by the superin
tendent of schools, or by his representative duly authorized in
writing, having jurisdiction over such minor’s attendance, of his
nonattendance in accordance with the compulsory attendance regu
lations as defined in this act. Any employer who fails to comply
with the provisions of this section shall be punished by a fine of
not less than ten nor more than one hundred dollars for each
offence.
Failure to at
S e c . 5 . The superintendent of schools having jurisdiction, or a
tend.
person authorized by him in writing, may revoke the employment
certificate or the home permit of any minor who fails to attend
the said schools or courses of instruction when so required by the
provisions of this act.
P e na l t y on
S e c . 6. (1) A city or town which refuses or neglects to raise and
cities.
appropriate money for the establishment and maintenance of con
tinuation schools or courses of instruction as required by this
act, to t>e instituted not later than September first, nineteen hun
dred and twenty, shall forfeit from funds due it from the Com
mon wealh a sum equal to twice that estimated by the board of
education as necessary properly to establish and maintain such
schools or courses.
(2)
A sum equal to three-fifths of such forfeiture shall be paid
by the treasurer and receiver general to the school committee of
the delinquent city or town, and the school committee shall expend
the same for the establishment and maintenance of continuation
schools or courses of instruction therein to the same extent as if
T E X T
O F
L A W S —
it bad been regularly appropriated by the city or town for that
purpose.
S e c . 7. This act shall take effect in any city or town upon its
acceptance by the qualified voters thereof voting thereon at the
annual State election in the current year.
Approved, July 15, 1919.
C h a p te r
131
M A S S A C H U S E T T S .
Adoption
of
350.— Departments of industrial accidents, of labor and
industries, and of public safety.
S e c t i o n 1. The executive and administrative functions of the
Department*,
Commonwealth, except such as pertain to the governor and thee c*
council, and such as are exercised and performed by officers serv
ing directly under the governor or the governor and council, shall
hereafter be exercised and performed by the departments of the
secretary of the Commonwealth, the treasurer and receiver gen
eral, the auditor of the Commonwealth, and the attorney general,
and by the following new departments hereby established,
namely:
*
* * The department of industrial accidents. The depart
ment of labor and industries. * * * The department of
public safety. * * *
Sec. 2. Where an existing office, board, commission, or other Records, etc.,
governmental organizations or agency is abolished by this act, all of abolished offlbooks, papers, maps, charts, plans, records, and all other equip-ces*
ment in the possession of such organizations or agency, or of any
member or officer thereof, shall be delivered to the administrative
and executive head of the department to which its rights, powers,
duties, and obligations are transferred. In case such rights,
powers, duties, and obligations are divided between two or more
departments, each of said departments shall receive such books,
papers, maps, charts, plans, records, and other equipment as per
tain to the rights, powers, duties, and obligations transferred to
that department. All questions arising under this section shall be
determined by the governor and council.
t
Sec. 3. Where an existing office, board, commission, or other gov- Employe**,
ernmental organization or agency is abolished by this act, all
employees thereof shall, as temporary appointees of the depart
ment to which the rights, powers, duties, and obligations of such
office, board, commission, or oilier governmental organization or
agency are transferred, continue to perform their usual duties,
upon the same terms and conditions as heretofore, until removed,
appointed to positions in accordance with the provisions of this
act relative to such department, or transferred to other depart
ments. * * *
11. Department of industrial accidents.
S ec tio n 68. The department of industrial accidents shall conSucceeds accisist of the industrial accident board as now organized and exist- dent board.
5ng under chapter seven hundred and fifty-one of the Acts of nine
teen hundred and eleven, and acts in amendment thereof and in
addition thereto. All provisions of law relating to the industrial
accident board shall continue in full force and effect except as is
othewise provided in this act.
12. Department of labor and industries.
S e c t i o n 69. The board of labor and industries, existing under Boards, etc., abauthority of chapter seven hundred and tw'enty-six of the Acts of sorbe<inineteen hundred and t w e l v e and acts in amendment thereof and
in addition thereto; the board of conciliation and arbitration,
existing under authority of chapter five hundred and fourteen of
the Acts of nineteen hundred and nine, as amended by chapter six
hundred and eighty-one of the Acts of nineteen hundred and four
teen, and acts in amendment thereof and in addition thereto;
132
L A B O R
L E G IS L A T IO N
O F
1919.
the minimum wage commission, existing under authority of
chapter seven hundred and six of the Acts of nineteen hundred
and twelve, and acts in amendment thereof and in addition
thereto; the office of commissioner of standards, existing under
authority of chapter five hundred and thirty-four of the Acts
of nineteen hundred and seven and of chapter two hundred and
eighteen of the General Acts of nineteen hundred and eighteen;
and the office of surveyor general of lumber, existing under au
thority of chapter sixty of the Revised Laws, are hereby abolished.
All the rights, powers, duties, and obligations of the said boards,
commissions and offices, or of any member or official thereof,
and those of the bureau of statistics, or the director thereof,
with respect to collecting, arranging and publishing statistical
information relative to the commercial and industrial condition
of the people, and the productive industries of the Commonwealth,
usually designated as the statistics of labor and manufactures,
and with respect to the establishment and maintenance of public
employment offices and with respect to all other matters not
otherwise provided for by this act, are hereby transferred to
and shall hereafter be exercised and performed by the depart
ment of labor and industries, established by this act, which
shall be the lawful successor of said boards, commissions, and
offices and of said bureau of statistics, and the director thereof,
with respect to the said rights, powers, duties and obligations.
The powers and duties conferred and imposed upon the indus*
Industrial ac. trial accident board by section eighteen of Part IV of chapter
seven hundred and fifty-one of the Acts of nineteen hundred and
cident board.
eleven are also transferred to and shall hereafter be exercised
and performed by said department.
Commissione r
S e c . 70. The department of labor and industries shall be under
etc.
the supervision and control of a commissioner, to be known as the
commissioner of labor and industries, an assistant commissioner,
who may be a woman, and three associate commissioners, one of
whom shall be a representative of labor and one of whom shall
be a representative of employers of labor, all of whom shall be
appointed by the governor, with the advice and consent of the
council. The first appointment of the commissioner and assistant
commissioner shall be for the term of three years, and of the
associate commissioners for the terms of one, two and three years,
respectively. Thereafter as the terms expire the governor shall
in like manner appoint the said commissioners for terms of three
years, shall fill any vacancy for the unexpired term, and may,
with the consent of the council, remove any commissioner. The
commissioner shall receive such annual salary not exceeding
seven thousand five hundred dollars, and the assistant commis
sioner and associate commissioners such annual salary, not ex
ceeding four thousand dollars each, as the governor and council
may determine.
Duties.
S e c . 71. The commissioner shall be the executive and adminis
trative head of the department. He shall have charge of the
administration and enforcement of all laws, rules, and regulations
which it is the duty of the department to administer and enforce,
and shall direct all inspections and investigations except as is
otherwise provided herein. He may organize the department in
such divisions as he may from time to time determine, and may
assign the officers and employees of the department thereto. He
shall prepare for the consideration of the associate commissioners,
rules and regulations, in accordance with existing law, to carry
out the provisions of this act relative to the department. All
rules and regulations so prepared shall take effect, subject to the
provisions of chapter three hundred and seven of the General
Acts of nineteen hundred and seventeen where applicable, when
approved by the associate commissioners, or upon such date as
they may determine. The commissioner may designate an asso
ciate commissioner to discharge the duties of the commissioner
during his absence or disability.
T E X T
O F
L A W S —
M A S S A C H U S E T T S .
133
S e c . 7 2 . The associate commissioners shall constitute a board to . Board of conbe known as the board of conciliation and arbitration, which ^ a ll
ar*
have the authority and exercise the functions heretofore vested in
the board of conciliation and arbitration and in the minimum
wage commission, except as to matters of an administrative
nature, and in pursuance of the said authority shall, if they deem
it necessary, investigate immediately the circumstances of any
industrial dispute which arises, shall establish wage boards and
review their reports, and may issue special licenses under the
provisions of section nine of chapter seven hundred and six of
the acts of nineteen hundred and twelve. In all investigations
and proceedings conducted by said associate commissioners they
shall have authority to summon witnesses, to administer oaths, to
take testimony, and to require the production of books and docu
ments. In any controversy referred to the board on a joint appli
cation under any arbitration agreement they shall employ special
experts at the request of either party. One such expert shall bo
selected from a list furnished by each party to the controversy.
The expense of such experts shall be borne by the Commonwealth.
They shall be assigned such assistants from the officers and
employees of the department as the commissioner and they shall
from time to time determine. The fees of witnesses before the
associate commissioners for attendance and travel shall be the
same as those of witnesses before the superior court, and shall be
certified and paid in accordance with the provisions of section
fifteen of chapter five hundred and fourteen of the Acts of nineteen
hundred and nine, and acts in amendment thereof and in addition
thereto.
S e c . 73. In all matters relating specifically to women and minors,
Women a n d
the assistant commissioner shall have and exercise such duties minors*
and authority as may be prescribed by the commissioner with the
approval of the associate commissioners.
S e c . 74. The commissioner and associate commissioners may, Directors,
with the approval of the governor and council, appoint, and fix
the salaries of, not more than five directors, and may, with like
approval, remove the directors. Each director shall be assigned
to take charge of a division of the department. The commissioner
may also, subject to the civil service law and rules, where they
apply, employ and remove such experts, inspectors, investigators, other appointclerks, and such other assistants as the work of the department ees.
may require, and, subject to the provisions of chapter two hun
dred and twenty-eight of the General Acts of nineteen hundred
and eighteen, and the rules and regulations established there
under, and to the approval of the governor and council, where
that is required by law, fix the compensation of the said persons.
The commissioner may require that certain inspectors in the
department, not more than seven in number, shall be persons
qualified by training and experience in matters relating to health
and sanitation.
S e c . 75. All directors, inspectors, and other permanent employees
whole t i m e
of the department shall devote their wrhole time to the a Ifa ir s service,
of the department, and all directors and inspectors, and such
other employees as may be designated by the commissioner, shall,
before entering upon their duties, be sworn to the faithful per
formance thereof. Inspectors shall have the police powers granted
by existing law to the inspectors of the board of labor and in
dustries, except that those assigned to exercise the functions now
exercised by the commissioner of standards shall have the powers
now possessed by inspectors appointed by the commissioner of
standards.
The number of inspectors employed by the department shall Number of innot, at first, exceed the number of inspectors in the service of the sPectorsboards, commissions, and bureaus hereby abolished, and shall not
thereafter be increased without the approval of the governor and
council. The commissioner and associate commissioners shall de
termine from time to time how many of the inspectors employed
134
Committees.
Appeals.
L A B O R
L E G IS L A T IO N
O F
1919.
shall be women. Section ten of chapter Seven hundred and twenty six of the Acts of nineteen hundred and twelve shall apply to
inspectors appointed under the provisions of this section.
S e c . 76. The commissioner and associate commissioners may
appoint committees, on which employers and employees shall be
represented, to investigate and recommend rules and regulations,
and changes in existing rules and regulations, within the scope
of the powers and duties of the department.
*
*
*
*
*
«
«
Sec. 78. Any person affected by an order, rule, or regulation of
the department may, within such time as the associate commis
sioners by vote may fix, which shall not be less than ten days
after notice of the order, or the taking effect ot the rule 01* regula
tion, appeal to the associate commissioners, who shall thereupon
grant a hearing, and after the hearing may amend, suspend, or
revoke such order, rule, 01* regulation. The commissioner may.
pending such hearing, grant a temporary suspension of the order,
rule, or regulation appealed from. Any person aggrieved by an
order approved by the associate commissioners may appeal to the
superior court: Provided , That the appeal is taken within fifteen
days after the date when the order is approved. The superior
court shall have jurisdiction in equity upon such appeal, to annul
the order, if it is found to exceed the authority of the department,
and upon petition of the commissioner, to enforce all valid orders
issued by the department. Nothing herein contained shall be
construed to deprive any person of the right to pursue any other
lawful remedy.
17. Department of public safety.
Offices, e t c .
combined.
Commissioner.
Duties.
S e c t i o n 99. The district police force, existing under authority of
chapter one hundred and eight of the Revised Laws, and acts in
amendment thereof and in addition thereto, and all offices, de
partments, and divisions thereof; the board of boiler rules, ex
isting under authority of chapter four hundred and sixty-five
of the Acts of nineteen hundred and seven; the board of elevator
regulations authorized under authority of chapter eight hundred
and six of the Acts of nineteen hundred and thirteen ; and the office
of fire prevention commissioner of the metropolitan district, ex
isting under authority of chapter seven hundred and ninety-five
of the Acts of nineteen hundred and fourteen, are hereby abolished.
All the rights, powers, duties, nnd obligations of the-district police,
said boards, and said offices, are hereby transferred to and shall
hereafter be exercised and performed by the department of public
safety, established by this act, which shall be the lawful successor
of the district police, and of said boards and offices.
S e c . 100. The department of public safety shall be under the
supervision and control of a commissioner, to be known as the
commissioner of public safety, who shall be appointed by the gov
ernor, with the advice and consent of the council. The first appintment shall be for the term of one, two, three, four, or five years,
as the governor may determine. Thereafter the governor shall
appoint the commissioner for the term of five years, shall fill any
vacancy for the unexpired term, and may, writh the consent of the
council, remove the commissioner. The commissioner shall re
ceive such annual salary, not exceeding five thousand dollars, as
the governor and council may determine.
S e c . 101. The commissioner shall be the executive and admin
istration head of the department. He shall have charge of the
administration and enforcement of all laws, rules, and regulations
wThich it is the duty of the department to administer and enforce,
and shall direct all inspections and investigations except as is
otherwise provided herein. He shall organize the department in
three divisions, namely, a division of State police under his own
immediate charge, a division of inspection under the charge of
a director to be known as chief of inspections, and a division of
fire prevention under the charge of a director to be known as
TEXT OF LA W S— M ASSACH U SETTS.
135
State fire marshal. The State fire marshal and the chief of insfsec
tions shall be appointed by the governor, with the advice and
consent of the council, for the term of three years, and may, with
like approval, be removed. The directors shall receive such an
nual salary, not exceeding four thousand dollars, as the governor
and council may determine. The commissioner may, subject to
the civil service law and rules where they apply, api>omt, transfer,
and remove officers, inspectors, experts, clerks, and other as
sistants, and, subject to the provisions of chapter two hundred
and twenty-eight of the General Acts of nineteen hundred and
eighteen, and the rules and regulations made thereunder, and
to the approval of the governor and council where that is re
quired by law may fix the compensation of the said persons.
S e c . 1 0 2 . The division of State police shall, except as is otherFire inspection,
wise provided herein, include the functions of the detective and
fire inspection department of the district police. The commissioner
shall have the powers and perform the duties of the chief of the
district police.
S e c . 1 0 3 . The division of inspections shall include the functions
Boiler inspecof the boiler inspection department of the district police, and oitiou.
the building inspection department of the district police. The
chief of inspections shall exercise the powers and perform the
duties now provided by law for the deputy chief of the building;
inspection department of the district police and for the deputy
chief of the boiler inspection department of the district police.
Inspectors assigned to said division shall be designated as building
inspectors or as boiler inspectors, and shall have the powers and
perform the duties of inspectors of the building inspection depart
ment and of the boiler inspection department, respectively, of the
district police.
S e c . 104. The director in charge of the fire prevention division Fire prevent ion.
shall, under the supervision of the commissioner, perform the
duties of the fire prevention commissioner for the metropolitan
district, whose office is abolished hereby, and shall also have the
powers and perform the duties of the district police and of the
deputy chief of the detective and fire inspection department of
the district police under the provisions of chapter four hundred
and thirty-three of the acts of nineteen hundred and four, and
acts in amendment thereof and in addition thereto, relative to the
keeping and storing of inflammable fluids and combustible com
pounds and of the district police under the provisions of chapter
thirty-two of the Revised Laws and acts in amendment thereof
and in addition thereto. The said director shall submit to the
commissioner rules and regulations under the- said acts, and such
rules and regulations shall take effect subject to the provisions
of chapter three hundred and seven of the General Acts of nine
teen hundred and seventeen, when approved by the commissioner
and by the governor and council, and on such dates as they may fix.
S e c . 105. The commissioner shall appoint a board of boiler rules
Board of boiler
which shall exercise the functions of the board of boiler rules a^ rllie8now provided by law. Said board shall consist of the chief of in
spections, as chairman, and four other members whose qualifica
tions and compensation shall be the same as those of the members
of the board of boiler rules abolished by this act. The terms of
office of die appointed members of said board shall be three years,
except that when first appointed one of the members shall be ap
pointed for one year, one for two years, and two for three years.
Such clerical and other assistants as may be required by said
board shall be assigned to it by the commissioner.
S e c . 1 0 6 . The commissioner shall, as occasion requires, appoint a
Board of eier*board of elevator regulations which shall exercise the functions tor regulations,
of the board of elevator regulations as now provided by law. Said
board shall consist of the chief of inspections as chairman, a con
sulting engineer, the building commissioner of the city of Boston,
an inspector of buildings of some city other than Boston, a repre
sentative of a liability insurance company licensed to write such
insurance in the Commonwealth, a representative of elevator manu-
136
LABOR LEGISLATION OF 1919.
facturers and an experienced elevator constructor. They shall
serve without compensation, but their necessary expenses shall be
paid by the department. Such clerical and other assistants a s ,
may be required by said board shall be assigned to them by the
commissioner.
Cooperation.
gEC -^7
commissioner may, when public exigency requires*
with the approval of the governor, call upon the metropolitan dis
trict commission, hereby established, for assistance in performing
the duties imposed upon him by law ; and the said commission,
shall, when so called upon, assign to duty under said commissioner
such of the police force under its control as it and the commis
sioner shall determine.
inspectors, etc.
gEa ^08. The commissioner may appoint officers and inspectors
who shall have the same powers now conferred by law upon
officers and inspectors of the district police. The number of such
officers and inspectors shall not, at first, exceed the number of
officers in the detective and fire inspection department of the
district police and of inspectors in the service of the building in
spection and boiler inspection departments of the district police
and in the service of the fire prevention commissioner of the
metropolitan district, and shall not thereafter be increased without
the approval of the governor and council. The provisions of sec
tions six and seven of chapter one hundred and eight of the
Revised Laws shall, so far as they are applicable, apply to officers
Appeals.
an^ inspectors appointed under the provisions of this section.
S e c . 109. Any person affected by an order of the department or
of a division or office thereof, may, within such time as the com
missioner may fix, which shall not be less than ten days after
notice of such order, appeal to the commissioner, who shall there
upon grant a hearing, and after such hearing may amend, suspend,
or revoke such order. Any person aggrieved by an order approved
by the commissioner may appeal to the superior court: Provided*
Such appeal is taken within fifteen days from the date when such
order is approved. The superior court shall have jurisdiction in
equity upon such appeal to annul such order if found to exceed
the authority of the department, and upon petition of the commis
sioner to enforce all valid orders issued by the department. Noth
ing herein contained shall be construed to deprive any person of
A d d i t i o n a l t he r*Sht to pursue any other lawful remedy,
force.
S e c . 110. Whenever the governor shall deem it necessary to pro
vide more effectively for the protection of persons and property,
and for the maintenance of law and order in the Commonwealth,
he may authorize the commissioner of public safety to make addi
tional appointments* not exceeding one hundred in number, to the
police division of said department, together with such other em
ployees as the governor may deem necessary for the proper ad
ministration thereof. The appointment of the additional officers
shall be temporary until the general court has authorized their
permanent addition to the department. The commissioner may,
subject to the approval of the governor, make rules and regula
tions for the said additional force, including matters pertaining
to their discipline, organization, and government, compensation
and equipment, and means of swift transportation.
Approved July 23, 1919.
MICHIGAN.
ACTS OF 1919.
A ct
N o.
25.— Factory, etc., regulation — Emeployment of diseased
persons.
S e c t i o n 1. No person who is affected with any infectious disease,
W ho not to be
or with any venereal disease in a communicable form, shall work em ployed,
or be permitted to work in any place where food or drink is pre
pared, cooked, mixed, baked, exposed, bottled, packed, handled,
stored, manufactured, offered for sale, or sold. Whenever required
by any local health officer, any person employed in any such
place shall submit to a physical examination by such officer, or
by some physician designated by such health officer, or by a physi
cian regularly in the employ of the person, firm, corporation, or
institution by whom the person to be examined is employed. If
as a result of such examination, such person shall be found to be
affected with any infectious disease, or with any venereal disease
in a communicable form, such employment shall immediately cease
and such person shall not be permitted to work in any such place.
S e c . 2. Any person, knowingly affected with any infectious disV iolation s,
ease, or with ,any venereal disease in a communicable form, who
shall work in any place defined in section one, and any person
knowingly employing or permitting such person to work in such
place, shall be deemed guilty of a misdemeanor, and, upon con
viction, shall be punished by a fine not exceeding two hundred
and fitty dollars or by imprisonment not exceeding one year, or
by both such fine and imprisonment in the discretion of the court.
Approved March 20, 1919.
A c t N o.
34.— Inspection of coal mines— Inspector .
[This act amends section 2 of Act No. 177, Acts of 1913, by giving
the inspector of coal mines a salary of $1,800 per year instead
of $4 per day, as formerly.]
A ct
No. 35.— Department of labor— Commissioner.
[This act amends section 1 of Act No. 285, Acts of 1909, by
making the term of the commissioner of labor four years instead
of two. ]
A ct
No. 132.— Employment of children — School attendance.
[This act amends act No. 200, Acts of 1905, so as to read as
follows:]
S e c t i o n 1. Every parent, guardian, or other person in the State
A ttendance
of Michigan, having control and charge of any child between the quired*
ages of seven and sixteen years, shall be required to send such
child, equipped with the proper textbooks necessary to pursue
his or her school work, to the public schools during the entire
school year, and such attendance shall be continuous and con
secutive for the school year fixed by the district in which such
parent, guardian, or other person in parental relation may reside:
Provided, That in school districts which maintain school during the
entire year, and in which the school year is divided into quarters,
no child shall be compelled to attend the public school more than
three quarters in any one year; but the absence of no child shall be
permitted for any two consecutive quarters: Provided , That in
137
re-
138.
LABOR LEGISLATION OF 1919.
E xceptions;
the following cases children shall not be required to attend the
public schools:
(&) Any child who is attending regularly and is being taught
in a private or parochial school which has complied with all the
provisions of this act and teaches such branches as are taught in
the public schools to children of corresponding age and grade as
determined by the course of study for the public schools of the
school district within which such private 01* parochial school is
located, or who, upon the completion of the work in such schools,
shall present satisfactory evidence to the county commissioner
of schools, and in appropriate cases, to the superintendent of
schools, that he has completed sufficient work to entitle him to
an eighth grade diploma;
<&) Any child who has received an eighth grade diploma from
the public schools; or who is regularly employed as a page or
messenger of either branch of the legislature, during the period
of such employment;
(d) Children over fourteen years of age who have completed
the work of the sixth grade whose services are essential to the
support of their parents may be excused by the county commis
sioner of schools or city superintendent of schools from attendance
at school on the recommendation of the board of education of
the district in which such children reside, and said board shall
certify to the officers herein mentioned the facts in all such cases:
ProvidedI, Nothing in this act or any other act shall prevent
children fourteen years of age or over from procuring a permit
to work outside of school hours, during the school year;
(f) Any child twelve to fourteen years of age while in attendance
at confirmation classes conducted for a period not to exceed five
months in either of said years; any child claiming exemption from
attending school under subdivisions (a) cr (b) hereof upon the
ground of having completed sufficient work to entitle him to an
eighth grade diploma, shall secure such permit as may be re
quired under the statutes of Michigan covering the employment
of minors, and shall be regularly employed at some lawful work
if physically able to do so, or any child who has completed the
work of the eighth grade who wishes to be employed at some
labor for which a labor permit is not required may be granted
an excuse for such work by the county commissioner of schools,
or the superintendent of schools of a city district, or duly author
ized agents. Such child must present to the officer who issued
the excuse satisfactory evidence each month that he or she is
actually performing the work for which the excuse was issued.
Approved April 25, 1919.
A c t N o.
D w crim inatfon
en*
V iolation s.
239.— Employment of labor— Equal pay for tvomen.
S e c t i o n 1. Hereafter it shall be unlawful for any employer of
labor in this State, employing both males and females in the manu
facture or production of any article, to discriminate in any way
in the payment of wages as between sex or to pay any female en
gaged in the manufacture or production of any article of like
value, workmanship, and production a less wage, by time or piece
work, than is being paid to males similarly employed in such
manufacture, production, or in any employment formerly per
formed by males: Provided, however, That no female shall be
given any task, disproportionate to her strength, nor shall she be
employed in any place detrimental to her morals, her health, or
her potential capacity for motherhood.
S e c . 2. Any person, persons, firm, or corporation violating the
provisions of this act shall be deemed guilty of a misdemeanor,
and, upon conviction, shall \be lined in a sum not exceeding one
hundred dollars or by imprisonment not exceeding three months,
or by both such fine and imprisonment in the discretion of the
court.
Approved May 12, 1919.
TEXT OF LAWS— MICHIGAN.
A ct
N <k
255.— Criminal syndicalism — Sabotage.
S e c t i o n 1 . Criminal syndicalism is liereby defined as the doc
trine which advocates crime, sabotage, violence, or other uulawful
methods of terrorism as a means of accomplishing industrial or
political reform. The advocacy of such doctrine, whether by word
of mouth or writing, is a felony punishable as in this act other
wise provided.
S e c . 2. Any person who, by word of mouth or writing, advocates
or teaches the duty, necessity or propriety of crime, sabotage, vio
lence, or other unlawful methods of terrorism as a means of ac
complishing industrial or political reform; or prints, publishes,
edits, issues, or knowingly circulates, sells, distributes, or publicly
displays any book, paper, document, or written matter in any
form, containing or advocating, advising or teaching the doctrine
that industrial or political reform should* be brought about by
crime, sabotage, violence, or other unlawful methods of terrorism;
or openly, willfully, and deliberately justifies by word of mouth
or writing, the commission or the attempt to commit crime, sabot
age, violence, or other unlawful methods of terrorism with intent
to exemplify, spread, or advocate the propriety of the doctrines
of criminal syndicalism; or organizes or helps to organize, or be
comes a member of or voluntarily assembles with any society,
group, or assemblage of persons formed to teach or advocate the
doctrines of criminal syndicalism is guilty of a felony and punish
able by imprisonment in the State prison for not more than ten
years or by a fine of not more than five thousand dollars, or
both, at the discretion of the court.
Approved May 12, 1919.
A c t N o.
Defiultioo,.
Penalty.,
281.— Commission on industrial relations .
C o m a iia s io a
S e c t i o n 1. There is hereby created a commission to be known (ieated.
as the Michigan Industrial Relations Commission, hereinafter
referred to as the commission. Said commission shall consist of
five members, two of whom shall be representatives of employers
of labor and two of whom shall be representatives of labor, to be
appointed by the governor on or before thirty days after this act
takes effect. As soon as the members of the commission provided
for by this act are appointed, they shall organize said commission
and shall select a chairman and secretary from their own members.
Expenses*
S e c . 2. The members of such commission shall receive no com
pensation for their services, but shall be entitled to their actual
and necessary expenses incurred in connection therewith. The
commission shall be allowed to employ such clerical and other
assistance as may be necessary and shall be permitted to incur
necessary expenses for printing, stationary, and other incidentals,
to purchase books and all necessary supplies, and. to rent space
for hearings.
S e c . 3. It shall be the duty of said commission to investigate Duties
and make an inquiry into the industrial conditions in the State
with special reference to the questions of unemployment, housing,
the safety and health of workers engaged in industrial pursuits,
the stabilizing of employment, the employment of women and
children, vocational education, hours of labor, old-age pensions, and
in general the promotion of the industrial welfare of the State.
The commission shall submit a full final report, including such Report.
recommendations for legislation by bill, or otherwise, as in its
judgment may seem proper to the governor, and such reports shall
be submitted by him at its first regular or special session after
the receipt of said report, and unless continued by such legislature
shall expire at the end of session at whicji such report is submitted.
Cooperation.
S e c . 4. The department of labor is hereby directed to cooperate
with the commission, to give it access to its records and to render
it any such proper aid and assistance as will not interfere with the
proper conduct of said department.
LABOR LEGISLATION OF 1919.
140
Powers.
A p propriation,
S e c . 5 , Such commission or any member thereof shall have
power to administer oaths, issue subpoenas, and compel the at
tendance of witnesses within the county in which they reside.
All orders and subpoenas issued by the commission, or any of its
members, in pursuance of the authority in them fixed by the pro
visions of this section, may be enforced upon the application of
the commission to any circuit court by proceedings in contempt
therein as provided by law.
s e c . 6. There is hereby appropriated out of the general fund of
the State the sum of ten thousand dollars to meet the expenditures
herein authorized. Such sum shall be incorporated in the State
tax by the auditor general, and shall be included in the State taxes
apportioned by the auditor general on all taxable property of the
State, to be levied, assessed, and collected as other State taxes,
and when so assessed and collected, to be paid into the general
fund to reimburse the same for the money hereby appropriated.
Approved May 13, 1919.
A c t N o.
320.— Protection of employees on street railways— Inclosed
platforms.
[This act amends section 8581, Compiled Laws of 1915, by re
quiring the inclosed vestibules prescribed by the law, to be heated.]
A ct
Succession.
organizations— Poivers.
S e c t i o n 1. Section six of act number thirteen of the Public
Acts of eighteen hundred ninety-seven, entitled “An act to pro
vide for the incorporation of labor associations,” being section
nine thousand eight hundred eleven of the Compiled Laws of
nineteen hundred fifteen, is hereby amended to read as follows :
S e c . 6. Every such corporation shall have power to provide by
its by-laws for succession to its original membership and for new
membership, and, after it is organized, may admit to membership
and sell stock to members of labor organizations recognized by the
American Federation of Labor as being eligible, under its laws,
rules, and regulations, to receive charters from the said Ameri
can Federation of Labor, and shall also have power to provide
by its by-laws for election from its membership, of a board of
trustees and to fix the number and term of office of such trustees.
Approved May 13, 1919.
A ct
No.
322.— Employment
of labor— Foremen receiving tips ,
gratuities , etc .
S e c t i o n 1. Any employer or agent or representative of an
employer or other person having authority from his em
ployer to hire, employ, or direct the services of other persons
in the employment of said employer, who shall demand or
receive directly or indirectly from any person then in the em
ployment of said employer, any fee, gift, or any remuneration,
or consideration or any part or portion of any tips or gratui
ties received by such employee while in the employment of said
employer, in consideration or as a condition of such employ
ment, or hiring or employing any person to perform such serv
ices 'for such employer or of permitting said person to con
tinue in such employment, is guilty of a misdemeanor, and upon
conviction thereof shall be fined not more than two hundred fifty
dollars for such offense, or by imprisonment for not more than
six months or by both such fine and imprisonment in the discre
tion of the court.
construed.
S e 6 . 2 . Nothing contained in this act shall be construed to
apply to employment agencies or employment agents licensed and
operating under the laws of this State,
Approved May 13, 1919.
A cts forbidden.
A ct
N o . 321. — Labor
141
TEXT OF LAWS— MICHIGAN.
A ct
No. 341.— Employment
of tvomen and children— Hours of
labor.
[This act amends section 9 of act No. 285, Acts of 1909, so
as to read as follows:]
S e c tio n 9. No male under the age of eighteen years and no
female shall be employed, permitted or suffered to work in any
factory, mill, warehouse, workshop, clothing, dressmaking or
millinery establishment or any place where the manufacture of
any kinds of goods is carried on, or where any goods are prepared
for manufacturing, or in any laundry, store, shop, or any other
mercantile establishment, or in any office or restaurant, theater,
concert hall, music hall, hotel, or operating an elevator, or on
street or electric railways, for a period longer than an average
of nine hours a day* or fifty-four hours in any week, nor more
than ten hours in any one day; and all such establishments shall
keep posted a copy of this section printed in large type, in a
conspicuous place; in establishments having a time clock such
copy shall be posted near the time clock. Copies of this section
suitable for posting shall be furnished upon the application of
any employer by the commissioner of labor: Provided , however,
That the provisions of this section in relation to the hours of
employment shall not apply to nor affect any person engaged in
preserving perishable goods in fruit and vegetable canning estab
lishments. No female under the age of eighteen years shall be
employed in any manufacturing establishment between the hours
of six o’clock p. m. and six o’clock a. m.. No child under the
age of sixteen years shall be employed in any manufacturing
establishment or workshop, mine or messenger service in this
State, between the hours of six o’clock p. m. and six o’clock a. m.
No child under the age of eighteen years shall be employed be
tween the hours of ten o’clock p. m. and five o’clock a. m. in
the transmission, distribution or delivery of messages or mer
chandise.
Approved May 13, 1919.
A c t No. 342. — Provisions
N ine-hour day.
Canneries.
N igh t w ork.
for accidents— Railroads.
F irst-aid
S e c t i o n 1. On and after the first day of November, nineteen hun
dred nineteen, every railroad company owning and operating any
steam railway or any interurban electric railway, wholly or partly
within this State, shall provide and carry in one coach on every
train owTned or used by said company for the conveyance and car
riage of passengers, a first-aid cabinet near the door thereof and
within easy view, reach, and access of passengers occupying such
car, which cabinet shall at all times contain the various contents
specified in section two, to be used for the safety and aid of pas
sengers in case of emergencies : Provided , This section shall not
apply to caboose cars on freight trains, nor to electric street cars
operated wholly within the cities for local traffic.
Supplies.
S e c . 2. The first-aid cabinet shall at all times be equipped with
and contain the following contents in a clean and sanitary con
dition :
(1 ) Eight standard first-aid packages for wounds, each one of
which shall contain one dozen pieces of antiseptic lintin or felted
cotton, one dozen gauze bandages with compress attached, and one
triangular bandage.
(2) Ten ounces absorbent lint.
(3) Two burn-dressing packets.
(4) Four packages absorbent gauze, each containing one yard.
(5) Six packages absorbent cotton, each containing four ounces.
(6 ) One spool adhesive plaster, one inch wide.
(7) Twelve cotton roller bandages, two inches wide.
(8 ) Twelve cotton roller bandages, two and one-half inches wide.
(9) Eight lintin gauze bandages, one inch wide.
(10) Eight lintin gauze bandages, two inches wide.
kits.
LABOR LEGISLATION OF 1919.
142
(11) Twelve lintin gauze bandages, two and one-half inches
wide.
(12) One four-ounce bottle aromatic spirits of ammonia.
(13) One pint of tincture of iodine.
(14) Twelve wooden splints.
(15) Six packages safety pins.
(16) Three tourniquets.
(17) Two pairs of scissors.
Sec. 3. Any person or employee of any railroad company who
shall remove or carry away from their proper place, except in e a s e
of an accident or emergency, any of the contents specified in sec
tion two, which are required to be kept in the passenger cars and
interurban cars by the provisions of this act, shall be deemed
guilty of an offense, and upon conviction thereof may be pun
ished by a fine not exceeding fifty dollars or imprisonment in the
county jail not exceeding thirty days, or both such fine and im
prisonment in the discretion of the court.
Sec. 4. Any railroad company or interurban railway company
failing, refusing, or neglecting to carry out the provisions of this
act shall be deemed guilty of a misdemeanor, and, upon convic
tion, shall be fined in a sum not exceeding one hundred dollars
for each offense.
Sec. 5. The provisions of this act shall be enforced by the
State board of health.
Approved May 13, 1919.
Rem oval.
V iolation s.
E nforcem ent.
A c t No. 353. — Factory ,
etc., regulations— Employment of diseased
persons.
[This act establishes for cigar factories the same restrictions
as are contained in Act No. 25 for employment in bakeries, etc.]
A c t No. 401.—
Pow ers o f com
m ission.
V iolation s.
S e c t i o n 1. The Michigan railroad commission shall have the
power to make rules and regulations requiring all couplers on
cars used or hauled on interurban railroads, operated wholly or
partially in this State, to be of uniform height from the top of the
rail to the center of said coupler, and all cars hereafter purchased
by any of such railroads shall be in conformity with said rules
so established by said commission.
Sec. 2. Any interurban railroad hauling or permitting to be
hauled or used on its line, any car in violation of the provisions
of this act, shall be liable to a penalty of not more than one hun
dred dollars for each and every violation to be recovered in an
action of assumpsit brought in the name of the people, and it shall
be the duty of the prosecuting attorney of the proper county to
bring any such action at the request of the railroad commission.
Approved May 13, 1919.
A ct
Schools to
established.
Attendance.
Safety appliances on railroads— Couplers.
N o.
421.— Employed children— Continuation schools.
S e c tio n 1. On and after the first day of September, nineteen
hundred twenty, every school district having a population of five
thousand or more and containing fifty or more children subject
to the provisions of this act, shall, and any other school district
may, through its board of education, establish and maintain parttime vocational or general continuation schools or course of in
struction for the education of minors under eighteen years of age
who have ceased to attend all-day schools. Said schools or
courses of instruction shall be in session at least as many weeks
in each year as the common schools of such district. When a
school district shall have established said schools or courses it
shall require the attendance thereat of every minor under eighteen
years of age residing within the confines of said school district,
who has ceased to attend all-day school and who has not com-
5
TEXT OF LAWS— MICHIGAN.
143
pleted a four-year high-school course or its equivalent: Provided ,
That said minors may be excused from the provisions of this sec
tion for the same reasons and under the same conditions as chil
dren under fifteen years of age may now be excused from the pro
visions of the compulsory education la w : Provided further , That
the provisions of this act shall not apply to employed minors who
shall have reached the age of sixteen years prior to September Tim e,
one, nineteen hundred twenty. The required attendance provided
for in this act shall be at the rate of not less than eight hours per
week, and shall be between the hours of eight o’clock in the morn
ing and five-thirty o’clock in the afternoon of any working day or
days, except that it shall not be Saturday afternoon. In the
establishment and conduct of such part-time vocational and gen
eral continuation schools or courses of instruction, any school
district may take advantage of established educational agencies or PIac««
utilize any suitable quarters which meet the approval of the State
board of control for vocational education: Provided , however,
That said schools or courses shall be within reasonable access to
the place of employment and, wherever established, shall be con
sidered a part of the public school system of the district wherein
the minors attending the same are employed. The time spent
in a part-time vocational or general continuation school or course
a3 wors
by a minor shall be reckoned as a part of the time or number of time,
hours said minor is permitted by law to work.
S e c . 2. Minors sixteen and seventeen «years of age, leaving reguPerm its,
lar day schools to enter employment, and the employers of such
minors shall be subject to the same requirements as to permits to
work as are provided by law for children under sixteen years of
age and their employers: Provided , That permits for miners six
teen years of age and over shall not certify that the wages of the
minor are essential to the support of the family.
S e c . 3. The employer of any minor under eighteen years of age,
Du*y
who is required to attend part-time vocational or general continua-p yers*
tion school or courses of instruction as defined in this act, shall
cease forthwith to employ such minor when notified in writing
by the superintendent of schools, or his representative duly author
ized in writing, having jurisdiction over such minor’s attendance,
of his nonattendance in accordance with the regulations as defined
in this act. Any employer who fails to comply with the provisions
of this act shall be punished by a fine of not less than ten or more
than one hundred dollars for each offense. The superintendent of
schools having jurisdiction, or a person authorized by him in
writing, may revoke the employment permit of any minor who
fails to attend such school or courses of instruction when required
by the provisions of this act.
Became a law* without the governor’s approval.
JOINT RESOLUTIONS.
No. 5.— Employment of labor— Amendment to the constitution .
The following amendment to section twenty-nine of article five
of the constitution of the State * * * is hereby proposed and
agreed to, that is to say, that said section be amended to read as
follows:
Section 29. The legislature shall have power to enact laws
relative to the hours and conditions under which men, women,
and children may be employed.
The foregoing amendment shall be submitted to the people of
this State at the general election to be held in November, 1920,
Men included,
MINNESOTA.
ACTS OF 1919.
C h a p te r 40. — Hours
of labor of public employees— Eight-hour day.
S e c tio n 1. Eight hours shall constitute a day’s work for ajl. Limit of eight
laborers, workmen, mechanics, prison guards, janitors of public ours*
institutions, or other persons now employed or who may here
after be employed by or on behalf of the State of Minnesota, except
in cases of extraordinary emergency which may arise in time of
war, or in cases wiiere it may be necessary to work more than
eight hours per calendar day for the protection of property or
human life.
Approved February 27, 1919.
C h a p te r 84. — Factory ,
etc., regulations— Foundries .
S e c tio n 1. An iron or steel foundry shall mean a place wiiere
iron or steel, or both metals, are melted and poured into sand
molds in the making of castings, together with all cleaning, core
making, drying, and wash rooms and toilet rooms used in con
nection therewith.
The term “ entrance ” as used in this act shall mean main door
ways opening directly to the outer air.
The term “ gangway ” as used in this act shall mean welldefined passageways dividing the working floors of foundries, but
not the spaces between molds. Spaces between molds shall be
divided into three classes, which shall be known as “ bull-ladle
aisles,” “ hand-ladle aisles,” and “ buggy-ladle aisles.”
Sec. 2. Except as otherwise specified, the provisions of this act
shall, as to the subjects covered herein, exempt foundries from the
laws relating to factories and workshops.
Sec. 3. Entrances to foundries shall be protected from November
first to April first of each year by a covered vestibule, either
stationary or movable, wiiich shall be so constructed as to elimi
nate drafts and of such dimensions as to answer ordinary purposes,
such as the passage of wheelbarrows, trucks, and small industrial
cars: Provided , This shall not apply to entrances used for rail
road or industrial cars handled by locomotives or motors, or for
traveling cranes; or for vehicles, or for large industrial cars
moved by hand; these entrances may remain open only for such
time as is necessary for the ingress and egress of such cars,
truck, and trains.
No locomotives shall be permitted to remain inside the foundry
during the loading or unloading of the cars.
Sec. 4. Main gangways where metal is carried by hand, bull
or truck ladles shall be not less than five feet wide. Truck-ladle
gangways which are not main gangways shall be not less than
four feet wide. Bull-ladle aisles between floors shall be not less
than three feet wide. Single hand-ladle or buggy-ladle aisles
between floors shall be not less than eighteen inches wide. Where
trolleys are used over molding floors for pouring metal, the aisles
shall be of sufficient width to permit the safe ingress and egress
of employees and the safe use of the ladles. The provisions of
this section shall apply to all foundries hereafter established. In
existing foundries, where it is impractical to widen the gangways
1 7 5 7 °— 21-
-1 0
D efinition,
E ffect o ! law .
Entrances.
G angways,
145
146
L A B O R
L E G IS L A T IO N
O F
1919.
and aisles to the widtli required in this section, the commissioner of
labor, or his assistants, may permit gangways and aisles to be of
a narrower width.
S am e.
Sec. 5. During the progress of casting, every gangway or
aisle shall be kept entirely free from pools of water or obstruc
tions of any nature. Every gangway where industrial tracks
are used shall be constructed of a hard material of substantial
character, and the top of the rails shall be flush with the floor.
Every gangway shall be kept in a good and safe condition at
all times.
S e c . 6. Where smoke, steam, gases, or dust arising from any
Ventilation.
of the operations of the foundry are dangerous to the health or
eyes, and where a natural circulation of air does not carry off
the greater part of such smoke, steam, gases or dust, there shall
be installed and operated adequate mechanical means of ven
tilation.
Cleaning castSeg. 7. The cleaning and chipping of castings shall be done
1Ilgs‘
in cleaning rooms, except that castings may, when necessary,
be chipped or cleaned in the molding room or where cast, pro
vided sufficient protection is furnished by the use of a curtain
or screen, or some other means equally good, to protect employees
therein.
This section shall not apply if mechanical appliances are used
for cleaning castings and the dust and particles arising there
from are effectively removed.
Same.
S e c . 8. Where tumbler mills are used, exhaust systems shall be
installed to effectively carry off the dust arising from the clean
ing of castings, except where the mill is operated outside the
foundry. This section shall not prohibit the use of a water
barrel for cleaning castings. Sand blast operations shall be car
ried on in the open air or in a separate room used solely for that
purpose. The milling of cupola cinders*, when done inside the
foundry, shall be carried on by an exhaust mill or water mill.
Use of comgEC. 9. No cores shall be blown out of castings by compressed
pressed an.
a ir u n j e ss suc]1 wor]C
done outside the foundry or in a special
or dust proof inclosure. Employees engaged in cleaning castings
by compressed air 01* sand blast shall wear eye guards and hel
mets, to be furnished by the employer.
Ventilation.
S e c . 1 0 . When fumes, gases, and smoke are emitted from drying
ovens in such quantities as to be detrimental to the health or
eyes of the employees, hoods and pipes or other adequate means
of ventilation shall be provided.
Lighting.
SEc. 1 1. Where natural light is insufficient to properly light
the foundry, artificial light of sufficient power shall be provided.
The continuous use of hand torches or other lamps that emit
injurious smoke and gases is prohibited.
Heat.
gEC# 12 . Proper and sufficient heat shall be provided and main
tained in every foundry. The use of the open Salamander stove,
or stoves of that type, for heating purposes, shall be prohibited,
except in cases of emergency.
Ladies.
g EC. 13 , All hand and bull ladles shall be dried outside the
foundry, or in accordance with section 6 of this act. A sufficient
number of sheet-iron shields shall be available in foundries for
use in covering hand and bull ladles.
Drying clothgEC. 14 . Suitable facilities shall be provided for drying the
ing‘
clothing of such employees as may be found necessary.
Water closets.
g EC> ^5 I n every foundry where water-closets or privy accom
modations are permitted to remain outside of the foundry, the
passageway leading from the foundry to said water-closets or
privy accommodations shall be so constructed that the employees
in passing thereto or therefrom shall not be exposed to outdoor
atmosphere, and such passageways, water-closets or privy ac
commodations shall be properly heated during cold weather.
Same.
S e c . 1 6 . Water-closets shall be provided in every foundry and
for each sex according to the following table:
T E X T
O F
L A W S —
Number of persons.
1 to 10.........................................................
11 to 2 5 ...................................................
25 to 50.........................................................
51 to SO.........................................................
80 to 125.......................................................
147
M IN N E S O T A .
Number
of closets.
1
2
3
4
5
Ratio.
1 for 10
1 for m
1 for 1?.§
1 for 20
1 for 25
S e c . 17. Individual lockers, arranged for locking, shall be pro- Locl{er3vided for employees, and shall be placed either in a room used
exclusively for that purpose, in the wash room, in the drying room,
or at convenient places in the foundry. The necessity for indi
vidual lockers shall be determined by the commissioner of labor
or his assistants.
S e c . 18. Ladles, shanks, tongs, slings and yokes, skimmers and
inspection o f
slag hoes used in the pouring of molten metals shall, prior to theirtooIs*
use, be inspected daily as to their safety by the men preparing
and using same; and in addition, a regular inspection as to their
safety shall be made once a month by a man designated for that
purpose.
A monthly inspection shall also be made of the chains and
cables on counterweights in connection with drying ovens, and
reports of such inspection shall be made on prescribed forms and
be kept on file for examination by the State factory inspector.
S e c . 19. The breaking of castings by the use of a drop inside
Use of drop,
the foundry during the general working hours is prohibited.
Where a drop is used for the breaking of castings or scrap outside
of the foundry, a permanent shield of heavy planking or other
adequate protection shall be provided.
S e c . 2 0 . N o fe m a le s h a ll be e m p loyed in p la cin g cores in to o v e n s
o r in ta k in g cores o u t o f th e oven s.
S e c . 2 1 . N o fe m a le em p lo y e d in a n y c o r e -m a k in g ro om s h a ll be
p e r m itte d to m a k e or h a n d le corcs w h e n the com bin ed w e ig h t o f
core, core b o x , a n d p la te a t w h ic h sh e is w o r k in g sh a ll e x ceed
tw e n ty -fiv e ( 2 5 ) p ou n d s.
Females,
Same,
Sec. 22. A brass foundry shall mean a place where brass, alumi- Brass foundries,
num, copper, tin, zinc, gold, silver, or composition metals contain
ing any of the foregoing metals are melted or poured into sand
molds in the making of castings: Provided, That foundries where
only aluminum is melted shall be covered by the provision of this
act governing iron and steel foundries.
The term “ eellar,” when used in this act, shall mean a room Cellar,
or part of a building which is one-half or more of its height
below the level of the curb on the ground adjoining the building
(excluding areaways).
The term “ basement,” when used in this act, shall mean a Basement,
room or a part of a building which is one-lialf or more of its *
height above the level of the curb.
S e c . 2 3 . T h e p ro v isio n s o f tliis act r e la tiv e to d u st, sm ok e
g a se s o r fu m e s , v e n tila tio n , sa n ita tio n , h e a t, lig h t, g a n g w a y s a n d
a isle s, s a fe ty a p p lia n ce s, d r y in g an d lock er a c c o m m o d a tio n s, a s
specified f o r iron a n d steel fo u n d r ie s , s h a ll a p p ly to b r a s s
fo u n d rie s.
S e c . 2 4 . In all brass foundries, when the crown plate of an up-
right melting furnace is elevated above the surrounding floor in
excess of twelve inches, the furnace shall be equipped with a plat
form with a standard rail; such platform shall be constructed of
metal or other fireproof material, and shall extend along the front
and sides of the furnace, flush with the crown plate, and shall be
at least four feet in width, and shall be clear of all obstructions
during pouring time. If the platform is elevated above the floor in
excess of twelve inches, the lowering from same of crucibles con
taining molten metal shall be done by mechanical means.
Ventilation,etc.
pin* forms,
148
L A B O R
Guards.
Floor scrapings.
stoves.
Height of rooms.
Cellar f ound-
ne6*
Enforcement.
L E G IS L A T IO N
O F
1919.
Where the combined weight of crucible, tongs, and molten metal
exceeds two hundred fifty pounds, the same shall be removed from
the furnace and deposited on the floor by mechanical means, i
S e c . 25. All persons removing pots containing molten metal from
furnaces and handling same shall be provided with protection for
legs and feet.
S e c . 26. In all brass foundries gangway dirt and floor scrapings
shall not be riddled in the room where workmen are employed,
unless they are so dampened as to prevent dust arising therefrom,
S e c . 27. Stoves used for drying molds, when located in the rooms
used by workmen, shall be surrounded by a casing of fireproof
material to the full height of the stove.
g EC. 28. No brass foundry shall hereafter' be constructed with
a clearance of less than fourteen feet between the lowest point
of the ceiling and the floor, except that where a peak, saw tooth,
monitor, or arch roof is constructed the side walls may be of a
minimum height of twelve feet.
S e c . 29. In case any foundry that was legally operated in a
cellar or basement on January 1st, 1919, shall be discontinued or
unused for a period of more than four consecutive months, it can
thereafter be reopened as a foundry only by complying with all
the provisions of this act relating to future foundries. The occa
sional operation of a foundry for the purpose of evading this
section shall not be deemed a continuance of use thereof.
S e c . 30. The commissioner of labor and his assistants shall en
force the provisions of this act. Any person, firm, or corporation
violating any of the provisions of this act shall, if after written
notice by the commissioner of labor or his assistants, of such
violation they shall not after thirty days have complied with such
notice, be guilty of a misdemeanor and shall be punished by a
fine not exceeding one hundred ($100) dollars or by imprisonment
not exceeding ninety (90) days. If an employee neglects to use
the devices furnished under the provisions of this act he shall
be guilty of a misdemeanor, punishable by a fine not exceeding
ten dollars or imprisonment for not exceeding ten days.
Approved March 21, 1919.
C h a p te r
107.— Factory, etc. regulations— Saftey provisions. *
1. Section 3864, General Statutes of 1913, is amended
aS f0,l0WS!
’
room.
Section 3864. Where the machinery in any room is propelled
by power transmitted directly from another room or from another
building and the machinery in each workroom can not be discon
nected and stopped in such workroom, communication shall be
provided between each workroom in which machinery is placed
and the room in which the engineer or other person having c o n tr o l
.of the power-generating apparatus is stationed by means of speak
ing tubes, electric bells, telephones, or appliances that may control
the motive power.
Approved March 27, 1919.
S e c tio n
with power
C h a p te r
108.— Factory etc re g u la tio n s — Fire escapes.
[This act amends section 3879, General Statutes, 1913 (sec. IS,
eh. 316, Acts of 1913), by requiring the glass in windows at or
under fire escapes to be set in metal frames, fire escapes to be
kept free from snow, ice, etc., inflammable waste to be removed
daily, and by adding the following:]
toriniders11 a 1 1 C Provided , That when a building is equipped with an automatic
*
sprinkler system, installed in accordance with the rules of the
board of fire underwriters, inside standpipes or other extinguish
ing apparatus shall only be required when deemed necessary by
the commissioner of labor.
Approved March 27, 1919.
TEXT OF LAWS— MINNESOTA.
C h a p te r
149
110 .— Department of labor— Enforcement of laws.
[This act amends section 8 , chapter 5 1 8 , Acts of 1 9 1 3 , by extend
ing the powers of the employees of the department so as to permit
them to enter the offices from which employment is directed, as
well as the actual places of employment, and to permit them to
remain while engaged in their official duties.]
C h a p t e r 1 7 5 . — Payment
of wages due at end of employment.
* S e c t i o n 1. Whenever any person, firm, company, association, Discharged wnor corporation employing labor within this State discharges a Payees,
servant or employee from his employment, the wages actually
earned and unpaid at the time of such discharge shall become
immediately due and payable, upon demand of such employee,
at the usual place of payment, and if not paid within twenty-four
hours after such demand, whether such employment was by the
day, hour, week, month, or piece, such discharged employee may
charge and collect wages at the rate agreed upon in the contract
of employment, for such period, not exceeding fifteen days (after
the expiration of said twenty-four hours) as the employer is in
default, until full payment or other settlement, satisfactory to
said discharged employee, is made.
S e c . 2. Whenever any such employee (not having a contract
for a definite period of service) quits or resigns his employment,. Employees icavthe wages earned and unpaid at the time of such quitting or resig-i,lg employment,
nation shall become due and payable within five days thereafter,
at the usual place of payment, and any such employer failing or
refusing to pay such wages, after they so become due, upon the
demand of such employee at such place of payment, shall be
liable to such employee from the .date of such demand for an
additional sum equal to the wTages provided in said contract of Employees un
employment, for every day (not, however, exceeding fifteen daysder contra€tin all), until such payment or other settlement satisfactory to
said employee, is made: Provided, That if any employee having
such a contract as is above defined, gives not less than five days’
written notice to his employer of his intention to quit such em
ployment, the wages of the employee giving such notice shall be
come due at the usual place of payment twenty-four hours after
he so quits or resigns, and payment thereof may be demanded
accordingly, and the penalty herein provided shall apply in
such case from the date of such demand: Provided farther ,
That if the employer disputes the amount of wages claimed by Disputes as to
such employee under the provisions of this, or the preceding sec-amounttion, and the employer in such case makes a legal tender of the
amount which he in good faith claims to be due, he shall not be
liable for any sum greater than the amount so tendered and in
terest thereon at the legal rate, unless, in an action brought
in a court having jurisdiction, such employee recovers a greater
sum than the amount so tendered with such interest thereon; and
if, in such suit, said employee fails to recover a greater sum than
that so tendered with such interest as aforesaid, he shall pay the
cost of such suit; otherwise the cost thereof shall be paid by
said employer: Provided farther , That in cases where such
discharged or quitting employee was, during his employment in
trusted with the collection, disbursement, or handling of money
or property, the employer shall have ten secular days after the
termination of the employment, to audit and adjust the ac
counts of such employee before his or her wages shall become
due and payable, and the penalty herein provided shall apply
in such case only from the date of demand made after the expira
tion of such period allowed for such audit and adjustment; and
if, upon such audit and adjustment of said accounts of such
employee, it is found that any money or property intrusted to
him by his employer has not been properly accounted for or paid
over to the employer, as provided by the terms of the contract
of employment, such employee shall not be entitled to the benefit
LABOR LEGISLATION OF 1919.
150
of tiiis act, but the claim for earned and unpaid wages of such
employee, if any, shall be disposed of as provided by exist
ing law.
Sec. 3. No such servant or employee who secretes or absents
Absent, e t c.,
employees.
himself to avoid, payment to Mm, or refuses to receive, the same
when fully tendered, shall be entitled to any benefit under this
act for such time as he so avoids payment; Protided, When any
Strikes.
number of employees enter upon a strike, the wages due such
striking employees at the time of entering upon such strike shall
not become due until the next regular pay day after the commence
ment of such strike.
Sec. 4. This act shall not be construed to apply to any person
Exe< ptions.
employed exclusively as a farm laborer, nor to any employer or
an individual* copartnership, or coloration that is bankrupt, or
where a receiver or trustee is acting under the direction of the
court. Payment or tender by check drawn on a bank situated in
the county where a laborer is employed shall be a sufficient pay
ment or tender to comply with the provisions of this act.
S ec. 5. In any action by any such ’employee as is described in
Costs.
this act, for the recovery of unpaid wages after the time when
such wages shall have become due, as herein provided, there shall
be allowed to the plaintiff, and included in any judgment rendered
in his favor, in addition to his disbursement allowed fey law, if
the judgment be recovered in a justice court, five dollars cost, and
a like sum if the judgment be recovered in a municipal court and
such plaintiff shall be allowed double statutory costs in any such
action in any court in which statutory costs are now allowed by
law in ordinary actions.
Approved April 4, 1919.
C h a p t e r 2 4 0 , — Inspection
Inspectors.
Duties.
Chief.
Reports.
Engineers’
censes.
of steam boilers, etc.
{This chapter amends various sections of the Revised Laws of
1905, Sections 2168, 2180, 2184, and 2186 are amended so as to
read as follows:]_
S ection 2168. in the month of January in every odd-numbered
year the governor shall appoint a board of boiler inspectors con
sisting of one resident of each senatorial district, except that
where there is more than one senatorial district in any county,
there shall fee but one inspector in such county. Such inspectors
sball be known as district boiler inspectors. The district boiler
inspector shall inspect all steam boilers and pressure vessels in
use in his respective district not subject to inspection under
the laws of the United States, and not hereinafter excepted, and
the chief boiler inspector hereinafter provided for shall examine
and grant license certificates to steam engineers entrusted with
the management of steam boilers, except those in heating plants
in private residences as hereinafter defined.
The governor shall also appoint one chief boiler inspector, who
may, with the consent of the governor, appoint one deputy chief
boiler inspector. The chief boiler inspector shall have his office
in the capitol. The deputy chief boiler inspector may exercise the
powers of the chief boiler, inspector in case of the absence or in
ability of the latter to act.
The district inspectors shall make monthly reports to the chief
boiler inspector of all business transacted, in such form as shall be
prescribed by the chief boiler inspector. The chief boiler inspector
and each district boiler inspector shall hold office for the term
of two years: Provided, however, That the term of the first ap
pointees pursuant to this act shall expire February 1st, 1921,
unless sooner removed by the governor. Appointments to fill vacan
cies shall be for the unexpired term. The district boiler inspector
shall examine all applicants for second-class and special engineer
ii* licenses and certify the results of their examinations to the chief
boiler inspector, whereupon such chief boiler inspector shall issue
the required licenses in case the certification made by the district
boiler inspector shows the applicant therefor entitled thereto.
151
TEXT OF LAWS— MINNESOTA.
The chief boiler inspector or his deputy shall at least once each
year visit each district for the purpose of holding examinations
therein of applicants for chief and first-class engineers’ licenses,
and shall give to the public thirty (80) days’ published notice in
some paper published in the district of the time and place such
examination shall be held.
All fees collected by the chief boiler inspector under the pro
visions of this act shall be paid into the State treasury in the
manner provided by law for fees received by other State depart
ments, except 50 per cent of license fees, which shall be turned
over to the district inspector of district in which examination was
held.
The chief boiler inspector shall receive an annual salary of
$2,400, payable monthly from the fund hereinafter created in the
same manner as the salaries of other Stat^ officers are paid, and
the deputy chief boiler inspector shall receive $2,000 per annum,
payable monthly from said fund in the same manner as the
salary of the chief boiler inspector. The chief boiler inspector
and his deputy shall be entitled to reimbursement out of said
boiler inspectors’ fund for their necessary traveling and other ex
penses while engaged in the performance of their official duties.
The expense of maintaining the office of chief boiler inspector
shall also be paid from said fund. The district inspectors shall
receive as full compensation for their services all fees collected
by them for the inspection of boilers, pressure vessels, and hulls,
and fifty per cent (50%) of all fees collected by them for the exami
nation of applicants for engineers’ licenses, and also fifty per cent
(50%) of the annual renewal fees received from such engineers,
and fifty per cent (50%) of renewal fees shall be sent to chief
boiler inspector, who shall turn same over to State treasury as
herein prescribed.
S e c . 2180. Every owner or manager of a steam boiler shall
allow’ inspectors full access to the same, and every engineer oper
ating the same shall assist the inspector in liis examination, and
point out any known defects in the boilers or machinery in his
charge. No person shall be entrusted with the operation of any
steam boiler or steam machinery who has not received a license
of such grade as to cover said steam boilers or steam machinery,
which license shall be renewed annually. E v e r y person who shall
violate any of the provisions of this section shall be guilty of a
misdemeanor and punished by a fine of not less than ten ( 10 )
dollars or more than fifty <$50) dollars.
S e c . 2184. After examination and tests, if the district boiler
inspector shall find any steam boiler or pressure vessel safe and
suitable for use, he shall deliver to the chief boiler inspector a
verified certificate in such form as the chief boiler inspector
shall prescribe, containing a specification of the tests applied
and the working pressure allowed, a copy of which the district
boiler inspector shall furnish to the owner of the boiler or pres
sure vessel, who shall post and keep the same in a conspicuous
place on or near such boiler or pressure vessel. The district boiler
inspector shall be entitled to a fee of three ($3) dollars for the
inspection of each boiler or pressure vessel and its connections,
payable on delivery of the certificate. * * *
Sec. 2186. The provisions of this act shall not apply to heating
plants in buildings occupied solely for residence purposes with
accommodations herein not to exceed four families, nor to rail
road locomotives, nor to railroad locomotive engineers employed by
railroad companies.
[A new section is added numbered 2186a, which is as follows:]
S e c . 2186 (a) Every insurance company insuring boilers and;
pressure vessels in this State shall within fifteen days after in
specting any such boiler or pressure vessel make, in duplicate,
a report in writing, showing the date of such inspection, the name
of the person making the inspection, the condition of such boiler
or pressure vessel as disclosed by such inspection, whether the
same is operated by licensed engineer and whether a policy
Fees.
Salaries, eic.
Duty of own-
Certificates.
Exemptions.
Duty of iiisurce companies.
152
Exem ption.
LABOR LEGISLATION OF 19-10.
of Insurance has been issued by said company with reference
to said boiler or pressure vessel. Such insurance company shall
within said period of fifteen days mail one of such reports to
the chief boiler inspector and shall deliver one of such report’s'to
the person, firm, or corporation owning or operating such boiler
or pressure vessel.
Every boiler or pressure vessel as to which any insurance com
pany authorized to do business in this State has issued a policy
of insurance, after the inspection thereof, shall be exempt from
other inspection under the provisions of this act, while the same
continues to be insured, provided the person, firm or corporation
owning or operating the same shall have an unexpired certificate
of exemption from inspection, which certificate shall be issued
by the chief boiler inspector upon application by the holder'of
a report of inspection made by the insurance company as herein
before set forth and showing that a policy of insurance lias been
issued by such insurance company with reference to such boiler
or pressure vessel and the payment to the chief boiler inspector
of a fee of fifty cents therefor. Such certificate of exemption
shall expire one year from the date of tne report of inspection
of the boiler or pressure vessel to which it relates. Such cer
tificate shall be posted in a conspicuous place near the boiler
or pressure vessel described therein and to which it relates.
Every insurance company shall notify the chief boiler inspector,
in writing, of the cancellation or expiration of every policy of
insurance issued by it with reference to policies in this State,
and the cause or reason for such cancellation or expiration.
Such notice of cancellation 01* expiration shall show the date of
the policy and the date when the cancellation has or will become
effective.
A n y insurance company which shall fail to comply with the
requirements of this section shall be deemed guilty of a mis
demeanor and fined not more than fifty dollars.
Approved April 14, 3919.
C h a p te r
328.— Mothers’ pensions.
[This chapter amends section 1 of chapter 223, Acts of 1917,
by adding a provision for the investigation of applications by
the county attorney in counties having a population of not over
33,0.00.1
C h a p t e r 333.— Mothers' pensions.
[This chapter amends section 6, chapter 223, Acts of 1917, and
adds section 6-a. The former relates to investigators to be ap
pointed by the judge of the juvenile court in counties having oyer
330,000 population, and the latter to the same in counties having
from 200,000 to 330,000 inhabitants.]
C h a p te r
su bsequ ent
a *
359.— Reports of accidents.
[This chapter amends chapter 416, Acts of 1913. Section 1 is
amended by limiting the reportable accidents to those “ of which
the employer or his foreman has knowledge,” and which incapaci
tate “ for more than the remainder of the day, shift, or turn on
which the injury was incurred; also by requiring the report to
give dependents or nearest relative, in fatal cases, if known.
The following is also added to section 1 :]
provided , further , That when an accident has been reported
which subsequently terminates fatally, a supplementary report
shall be filed with the commissioner of labor by the employer
within forty-eight hours after he receives knowledge of such
death, stating that the injury has proved fatal.
[Section 2 is amended by limiting to ten clays the time when
settlements must be filed with the commissioner, when they are
to become a part of the permanent records of the department.
Section 3 is amended so as to extend penalties to the failure to
file copies of releases as well as to make reports.]
TEXT OF LAWS— MINNESOTA.
O h a p te k
153
365.— Vocational rehabilitation of injured workers.
S e c t i o n 1. There is hereby established, uiuler the direction and
Division estabcontrol of the State board for vocational education, a division forlished*
the training and instruction of persons whose capacity to earn a
living has in any way been destroyed or impaired through , in
dustrial accident or otherwise: Provided , That at the time wh<rn
the accident or disability was kicurred they were residents or
citizens of the State of Minnesota. The said board shall in its
regular reports to the legislature describe in detail t h » ^Tork of
tile division and may from time to time issue bulletins containing
information relative thereto.
Sec* 2. The employees of the said division shall be appointed Employees.
and their salaries determined by the said board. The division
shall be furnished with suitable quarters in the State capitol, and
the board may expend for salaries and other necessary expenses Expenses, ete.
of such division such amounts as shall be appropriated by the
legislature.
S e c . 3. The State board for vocational education and the
Cooperation,
department of labor and industries, or any agency which may suc
ceed it in the administration or supervision of the workmen’s
compensation act, shall formulate a plan of cooperation with ref
erence to the work of said division. Such plan shall be effective
only when approved by the governor of the State.
S e c . 4. The said division shall aid persons who are incapacitated Duties.
as described in section one in obtaining such education, training,
and employment as will tend to restore their capacity to earn a
livelihood. The division may cooperate with the United States
Government, and as a part of such cooperation may extend the
benefits of this act to any civil employee of the United States
disabled while in the performance of his duty, without regard to
the residence or citizenship of such employee, if in the judgment
of the board the benefits offered by the Federal Government are
sufficient to compensate for the cost. The division may oi its
own accord, establish or maintain, or in cooperation with local
boards of education, assist in establishing or maintaining such
courses as it may deem expedient, and otherwise may act in such
manner as it may deem necessary to accomplish the purposes of
this act.
. Approved April 23, 1919.
C h a p te r
388.- -Accident, etc., insurance— Deductions from tcages
of employees.
S e c t i o n 1. From and after the first day of July, 1919, no employer shall, by agreement with his employees or otherwise, make
deductions from their wages for the purpose of furnishing them
with medical or hospital care, accident, sickness, or old age in
surance or benefits, either directly or through a mutual associa
tion, unless he has first received from the commissioner o£ insur
ance of this State a license for the benefit plan he operates or proiwses to operate. Such license shall be granted by the commis
sioner of insurance only when he is satisfied that the benefits
given are commensurate with the charges made, and that the said
charges are sufficient to keep the fund solvent. All such licenses
shall be for the period of one year and it shall be proper for the
commissioner to require a statement of the operation of the fund,
on a form to be prescribed by him before granting a renewal.
The fee for any license granted under this act shall be one dollar
($1 ) and the fee for filing the annual statement one dollar ($1 ) :
Provided , That in any case before granting a license the commis
sioner of insurance shall submit the proposed plan to the commis
sioner of labor and industries in order that he may determine
whether the benefits are in conjunction with benefits under the
workmen’s compensation act and take such action as is required
by section 8227, General Statutes of 1913, as amended by section
15, chapter 209, General Laws of 1915.
L ic e n se r e -
154
Violations.
LABOR LEGISLATION OF 1919.
Sec. 2. Any person, firm, corporation, or association that makes
deductions from tlie wages of his, their, or its employees in viola
tion of section 1 of^this act shall he deemed guilty of a misde
meanor : Provided, That this act shall not apply to railroad com
panies engaged in interstate commerce.
Approved April 23, 1919.
C h a p te r
394.— Department of labor and industries.
Subsection 2 1 , section 1 , chapter 4 0 0 , General Lav/*
Is hereby amended to read as follows:
21. Office of department of labor and industries. Commissioner
of labor, thirty-six hundred dollars, assistant commissioner of
labor, twenty-four hundred dollars; chief statistician, twenty-four
hundred dollars; statistician, seventeen hundred dollars; assistant
statistician, twelve hundred dollars; superintendent, bureau of
women and children, eighteen hundred dollars: two deputy labor
commissioners, not to exceed thirty-seven hundred and twenty
dollars; one elevator inspector, not to exceed eighteen hundred
and sixty dollars; seven male factory inspectors, not to exceed
eleven thousand six hundred dollars; one railroad inspector, not
to exceed seventeen hundred dollars; four female inspectors, not
to exceed five thousand six hundred dollars; three local managers
of employment offices, not to exceed four thousand three hundred
dollars; four assistant managers of employment offices, not to
exceed four thousand four hundred and forty dollars; three special
agents, compensation division, not to exceed five thousand sire
hundred and eighty dollars; one special agent, statistical division,
fifteen hundred dollars; one secretary, not to exceed twelve hun
dred dollars; three stenographers, not to exceed three thousand
and eighty dollars; four clerks, not to exceed four thousand dol
lars ; one chief file clerk, not to exceed twelve hundred dollars.
Approved April 23, 1919.
S e c t io n 1.
of
Salaries.
1913,
C h a p te r
Owner to em
ploy oper at or ,
when.
Locks.
Enforcement.
483.— Factory, etc ., regulations— Elevators .
S e c t i o n 1. In any building occupied in whole or in part for
factories, workshops, or offices, by two or more tenants, anil in
which building two or more tenants use jointly the same elevator
for the purpose of moving persons or freight from one floor to
another, it shall be the duty of the owner of such building to
provide a competent person or persons to regularly operate such
elevator, and no other person shall operate such elevator: Pro
vided, That such owner may arrange by agreement with one or
more of such tenants to provide a regular operator or operators
to run such elevator.
Sec, 2. Every elevator or the entrance to such elevator in any
building mentioned in section 1 shall be provided with a lock or
fastening device which shall prevent the use of such elevator
except by a person authorized to operate the same, and such
lock o r fastening device shall be applied by the operator to the
controlling apparatus or gate of such elevator b e fo r e leaving
the elevator without an authorized attendant.
S ec. 3. It shall be tlie duty of the commissioner of labor and
his assistant, whenever they find an elevator in use in violation
of this act, to seal the entrances of such elevator and attach
a notice forbidding the use of such elevator until the pro
visions of this act are complied with. Any person, firm or cor
poration who violates any of the provisions of this act, or who
removes any seal or notice forbidding the use of such elevator
except by authority of the commissioner of labor, or who operates
such elevator after a notice has been attached forbidding the
use of such elevator except after such notice has been removed
by authority of the commissioner of labor, shall be guilty of a
misdemeanor, punishable by a fine or imprisonment.
Approved April 25, 1919.
TEX T OF LA W S— -M IN N E SO T A .
C h a p te r
155
491 .—Inspection
aud regulation of placcs of employ
ment— Sanitation, etc.
S e c t i o n 1. The term “ all places of employment ” as used in Scope of aofc.
this act shall mean any place, -either inside or outside, where
any business or industry is carried on and in which persons are
employed and shall include factories, mills, workshops, laundries,
dyeing and cleaning establishments, mercantile establishments,
offices and office buildings, hotels, restaurants, theaters and other
places of amusement, transportation systems, public utilities,
engineering works, tlie erection of buildings, and yards; but
sliall not be construed to apply to domestic service or agricultural
labor.
S e c . % In ail places of employment it sliall be the duty of the
Cleanliness,
employer to keep tlie floors and walls of buildings or parts of
buildings, tlie grounds surrounding such buildings, and the ma
chinery, fixtures, and utensils in such buildings, over which he
may have control, in as clean and sanitary a condition as tlie
nature of the industry will permit. Where wet processes are
used, the floors must be so drained that there is no measurable
depth of water in which employees must stand while working.
Where practicable, dry standing room must be provided for all
employees.
Suitable receptacles shall be provided and used
for the storage of waste and refuse; such receptacles shall be
maintained in a sanitary condition. All waste, refuse, sweepings,
and decomposed matter shall be removed from such buildings
daily, and in such manner as not to cause a nuisance. All clean
ing shall be done, as far as possible, out of working hours; but
if done during working hours, shall be done in such a manner as
to avoid unnecessary raising of dust or noxious odors. All such
places of employment shall be well drained and the plumbing
thereof at all times kept in proper repair and in a clean and
sanitary condition. In all such places of employment the floors
shall be scrubbed and the walls cleaned whenever and so often
as the commisioner of labor deems it necessary.
Sec. 3. Every place of employment used for the preparation, Food p r o d ucmanufacture, sale, or storage of food products shall be properlytionlighted, drained, plumbed, and ventilated, and conducted with
strict regard to the influence of such conditions upon the health
of persons therein employed, and the purity and wholesomeness
of the food products therein prepared, manufactured, sold, or
stored. The side walls and ceilings of all rooms used for the pur
poses named in this section shall be of a material that can easily
be cleaned and kept clean, and shall be limewashed or painted
whenever in the opinion of the commissioner of labor the same
is necessary. The floors in such places shall be impermeable, and
made of cement or tile laid in cement, brick, wood, or other suit
able nonabsorbent material which can be flushed and washed clean
with water or otherwise kept in a clean and sanitary condition.
The doors, windows, and other openings of such places, shall,
where practicable, be fitted with stationary or self-closing screen
doors and wire window screens during such months as they are
necessary to exclude flies and other insects. No employee of any
such place shall expectorate or discharge any substance from his
mouth or nose on the floor or interior side wall of any room used
for the purposes mentioned in this section. Cuspidors, for the
use of employees, shall be provided, and each cuspidor shall be
emptied and washed out daily with disinfectant solution and a
portion of such solution shall be leCt in each cuspidor while in
use. No wateivcioset, earth closet, privy, ash pit, or sleeping
room for employees shall be in, or communicate directly with any
room used for the purposes mentioned in this section. All em
ployees of such places, engaged in the manufacture and handling
of bakery products shall wear clothing of washable material, which
shall be used for that purpose only, and such garments shall be
kept clean at all -times.
LABOR LEGISLATION OF 1919.
156
Ventilation.
Air space.
vW a n n tb .
Toilets.
Same.
Separate
visions.
pro*
Construction.
Sec. 4. In every place of employment the employer shall pro
vide in each workroom thereof, proper and sufficient means of
ventilation, and shall maintain proper and sufficient ventilation.
If excessive smoke, steam, gas, fumes, vapors, dust, or other im
purities are created or generated by the manufacturing process or
handicraft carried on therein, in sufficient quantities to obstruct
the vision, 01* to be irritating, obnoxious, or injurious to the health
or safety of the employees therein, the room shall be ventilated
in such manner as to remove them or render them harmless,
so far as is practicable. I f in the opinion of the commissioner
of labor it is deemed necessary, he may order the installation of
exhaust fans and other mechanical means of a proper construction
to effectively remove from the point of origin such smoke, steam,
gases, fumes, vapors, dust or other impurities. If the removal of
such smoke, steam, gases, fumes, vapors, dust, or other impurities
is, because of the nature of the process, impracticable, the commis
sioner of labor may, if he deems it necessary to the health of the
workers in any place of employment, order the isolation of such
process or handicraft in a separate room or building.
S e c . 5. No more employees shall be required or permitted to
work in a room in any place of employment than will allow to
each of such employees not less than four hundred (400) cubic
feet of air space, unless by a written permit of the commissioner
of labor such amount of air space for each employee may tempo
rarily be reduced to not less than two hundred fifty (250) cubic
feet of air space: Provided , That no such permit shall be issued
for a room in which smoke, gas, fumes, dust, or vapors are gen
erated or in which there are fires consuming oxygen.
S e c . 6. In every place of employment the workrooms shall, s o
far as the nature of the industry will permit, be properly heated
during cold weather. In every place of employment where ex
cessive heat be created in any of the workrooms by the nature of
the process therein carried on it shall be the duty of the employer
to provide heat deflectors, exhaust fans, and such other mechanical
means that are necessary to protect from the heat and to carry
off, so far as practicable, such excessive heat and to cool off such
workrooms. After the passage of this act it shall be unlawful
in any place of employment to establish any process or handicraft
which creates excessive heat in any workroom the ceiling of which
is less than eight feet from the floor of such workroom or the
floor of any balcony in such workroom.
The use of salamanders or other headers that discharge smoke
or gas into a workroom in which workers are employed is pro
hibited.
S e c . 7. In every place of employment there shall be provided
adequate toilet facilities which shall be located conveniently to and
easily accessible from all places where persons are employed;.
Each water-closet, urinal, laboratory, or slop sink located in a
toilet room, must be connected with a sewer system where a sewer
system is available. Indecent or suggestive marks, pictures or
words are forbidden in toilet rooms, and such defacements when
found by the employer must be at once removed.
S e c . 8. All toilet rooms not having sewer connection and main
tained outside of buildings where persons are employed, shall on
new installations be at least twenty-five (25) feet from such
buildings. In all places of employment where the workers are
exposed to excessive heat, humidity, or fatigue from physical
exertion, there shall be a covered passageway connecting said
building with such toilet or toilets.
Sec. 9. In all places of employment where five or more persons
are employed and are of opposite sex, separate toilets for each
sex shall be provided and maintained. Such toilets shall be so
marked as to designate plainly and distinctly the sex for whose
use they are intended, and no person shall be allowed to use the
toilet room assigned to the opposite sex.
S e c . 10. The toilets in all places of employment must be so conr
structed as to insure privacy. The outside partitions of all
TEXT OF LAWS— MINNESOTA.
157
toilet rooms shall be of solid construction, and may be opaque or
translucent, but not transparent, and shall extend from floor to
ceiling, or such rooms shall be* independently ceiled over. All par
titions separating toliet rooms provided for the different sexes
shall be constructed of such materials as are not transparent
or translucent, and they shall be sound proof, and no opening in
such partitions shall be permitted. If the water-closet is not
located within a separate compartment in the toilet room, the
entrance to such toilet room shall be provided with a screen <:
sufficient height and width to insure privacy. The floors of all •
toilet rooms shall be tight, smooth, and constructed of a material
that can be kept in a sanitary condition. The wTalls and ceiling
shall be tight and of such substance that can be readily cleaned
and kept clean.
S e c . 1 1 . In all places of employment the toilet rooms, and every C l e a n l i n e s s ,
part thereof, including the floor, walls, and ceiling, and all fix-light» etc*
tures therein, must be kept in a clean condition. All toilet rooms
and water-closet compartments shall be adequately illuminated
by natural or artificial light. All toilet rooms not lighted by
windows that open easily shall be adequately ventilated to the
outside air by artificial means. All toilet facilities shall be
adequately protected to prevent the entrance and breeding of
flies, so far as practicable. All toilet rooms, wherever practicable,
shall be adequately heated at all times.
S e c . 12. In all places of employment, water-closets shall be pro- Water-closet*,
vided in the following number and ratio: When there are one
hundred (100) or less persons on a shift employed, there shall
be one water-closet for e v e ry twenty (20) persons; when there
are one hundred (100) to five hundred (500) persons on a shift,
there shall be one water-closet to every thirty (30) persons; when
there are five hundred (500) to one thousand (1,000) persons on
a shift, there shall be one water-closet to every thirty-five (35 )
persons on a shift, and when there are over one thousand ( 1 ,000)
persons on a shift, there shall be one water-closet to every forty
(40) persons on a shift.
When there are more than one hundred (100) men employed
on a shift there shall, in addition to the water-closets required
by this section, be provided one urinal for every fifty (50) men.
Urinals shall be either individual or slab urinals. At least
two (2 ) feet of slab urinal shall be considered the equivalent of
one (1 ) individual urinal.
S e c . 1 3 . Every place of employment shall provide, without ex- W a sh ro o m s,
pense to the employee, adequate facilities for washing the hands
and face of the employees. Individual towels shall be provided
by the employer, and the use of towels in common is prohibited.
In all places wiiere food is prepared or manufactured, in all
places where poisonous or injurious materials are handled by the
employees, and in all places where the employees are required
by the nature of the process at which they are employed to be
come covered with oil, grease, soot, or other material not easily
removed, the employer shall provide hot and cold water and soap
in sufficient quantities to permit employees to make themselves
clean.
S e c . 14. In every place of employment in which a change of Dressing rooms,
clothing is necessary for any of the employees in doing their
work, suitable dressing rooms shall be provided and shall be
separate for the sexes. All such dressing rooms shall be kept in
a clean and sanitary condition and be adequately ventilated. In
all places of employment where poisonous compounds are handled
by the employees, facilities for hanging and storing both working
and street garments shall be provided, so that they will not come
in contact with each other nor with the garments of others. All
such dressing rooms installed after the passage of this act shall
be enclosed by means of solid partitions or walls, shall be so
separated from toilet'rooms, and shall have at least one window
opening to the outer air, or other means of properly ventilating
such rooms.
LABOB LEGISLATION OF 1919.
158
Place to eat.
Seats
males.
for
Sec. 15, In every place of employment it shall be unlawful to
keep or eat any food in a room in which the dust or fumes of
poisonous compounds are present. In such places of employment
the employer shall provide a suitable place in which 'employees may
eat their meals. No employee engaged in handling such poisonous
compounds shall go out or be allowed to go out for lunch or to
eat his or her lunch on the premises without first washing his or
her hands, and, if necessary, washing his or her face.
fe
S e c . 1 6 . In ail places of employment where women are employed,
the employer thereof shall provide and maintain suitable seat*,
with proper backs where practicable, for the use of such women
employees, and permit the use thereof by such employees to such
an extent as may be reasonable for the preservation of their
health. In all places where women are engaged in work which
can be properly performed in a sitting posture, suitable seats,
with backs where practicable, shall be supplied in every factory
for the use of all such women employees and permitted to be used
at such work. The commissioner of labor may determine when
seats, with or without backs, are necessary and the number
thereof.
Drinking water.
S e c . 1 7 . E v e r y p la c e o f e m p lo y m e n t s h a ll p ro v id e , w ith o u t e x
p e n se to th e e m p lo y e e s, a n a d e q u a te s u p p ly o f p u r e d r in k in g w a te r .
W h e n p r a c tic a b le , ice u sed f o r c o o lin g p u rp o se s s h a ll b e a p p lie d
in su ch m a n n e r th a t th e ice it s e lf w ill n o t c om e in c o n ta c t w ith
th e d r in k in g w a te r , a n d th e w a te r fr o m th e m e ltin g ic e s h a ll not
b e co m e m ix e d w ith th e d r in k in g w a te r .
I n a ll p la c e s o f e m p lo y
m e n t w h e re no ru n n in g w a te r c a n b e p ro v id e d , th e re c e p ta c le f o r
h o ld in g th e d rin k in g w a te r s h a ll a t a ll tim e s b e k ep t in a clean
ail'd s a n ita r y c o n d itio n a n d m u st be k e p t co v e red to p re v e n t d u st
o r im p u r itie s fr o m e n te r in g su c h re ce p tacle .
Joint occupa
S e c . 18. W h e n e v e r a n y b u ild in g is o ccu p ied b y m o re th a n one
tion.
p la ce o f e m p lo y m e n t a n d th e h a lls , s ta ir s , to ile ts , or o th e r p o r tio n s
o f th e b u ild in g a r e u se d jo in t ly b y m o re th a n on e te n a n t, o r in
w h ic h c o n d itio n s p ro h ib ite d b y th is a c t a re jo in t ly c re a te d by
m o re th a n on e te n a n t, it s h a ll be th e d u ty o f th e o w n e r o f su ch
b u ild in g to c a r r y ou t th e p ro v isio n s o f th is a c t : Provided, T h a t
th e o w n e r o f a n y su c h b u ild in g m a y a r ra n g e , b y a g r e e m e n t, w ith
one o r m o re o f h is te n a n ts to a ssu m e a r e s p o n s ib ility f o r c a r r y in g
o u t th e p r o v isio n s o f th is a c t .
Enforcement.
S ec. 19. It shall be the duty of the commissioner of labor to
Repeal.
enforce the provisions of this act. Thirty <30) days’ notice shall
be given for any new installations required by this act before
any criminal proceeding shall be commenced; but the commis
sioner of labor may, for good cause shown, extend the time to a
longer period. All orders to place toilets, floors, and receptacles
in a sanitary condition shall be complied with in forty-eight (48)
hours. Any persons, firm, or corporation violating the provisions
of this act, or failing to comply, in the time specified, with any
order of the commissioner o f labor, shall l>e guilty of a misde
meanor, punishable by fine or imprisonment at the discretion of
the court. Any person, firm, or corporation aggrieved at any
order of the commissioner of labor issued pursuant to this act
may apply for a restraining order to the district court in the
manner and as provided in section 3822, General Statutes of 1913.
S e c . 20. Sections 3837, 3838, 3887, 3890, 3853, 3854, and 3855
[Gen. Stat, 1913], and all other acts or parts of acts inconsistent
with /the provisions of this act are hereby repealed.
Approved April 25, 1919.
C hapter 514.— Protection of workmen— Shelters for employees of
rmlro&4s.
She l t e r s r e
quired, when.
S e c t i o n 1. Every person, firm, copartnership, corporation, or re
ceiver thereof, engaged in the construction or repairing of railroad
cars, car trucks, or other equipment used for conveyance by rail,
shall erect and maintain a building or buildings at every station or
point where there are as many as six (6 ) men employed at one
T E X T
O F
L A W S —
159
M IN N E S O T A .
tim e for a period o f not less than th irty (3 0 ) days, on the w ork
of construction or repairing o f such cars, car trucks, or other
such equipm ent; the building or buildings to cover a sufficient
portion o f the repairing or construction com pany’s yards or tracks
so that all employees engaged in such w ork shall be protected from
heat, rain, cold, snow, or other inclement w eather, w hile w orking
at such work.
S e c . 2. The provisions of this act shall not apply to the repair
ing of conveyances while the same are en route as a part of a
train, nor shall it apply to cars loaded with live stock or perish
able freight, where trains are being held for the movement of said
cars.
Exemptions.
S ec . 8. A ll buildings to be erected hereunder shall substantially
comply w ith the follow in g specifications:
Construction.
In buildings that cover more than one track the distance be
tween the inside rails of each track shall not be less than twelve
lineal feet. Between the walls of the building and the outside
rails there shall be a distance of ten lineal feet. The building or
buildings shall not be less than twenty feet high at the eaves.
Each building shall be enclosed from roof to ground and shall
have glass windows on each side with a space of not to exceed
twelve feet apart. The side windows shall not be less than
nine feet high, and not less rlian four feet wide. Windows
shall be in three sections and each section shall be equipped
with pivot and opening device. The buildings shall be equipped
with side and end doors. The end doors shall be not less than
six feet wide and sixteen feet high, and there shall be two such
doors for each track covered by the building. The side doors
shall be the same width and height as the end doors and shall
be not to exceed forty feet apart. The roof shall be provided with
a cupola-the entire length of the building, and be equipped with
side windows of not less than three feet in width and six feet in
height, having pivot and opening device that shall be at all
times operative. A similar cupola shall be provided for each two
additional tracks in width of such building. The buildings shall
be equipped with necessary heating facilities, and shall at all
times have drainage that will keep them in a clean and sanitary
condition. They shall be equipped with sanitary drinking foun
tains where clean wholesome drinking water can be obtained.
A sufficient number of sanitary lavatories shall be provided for
said employees and sanitary toilets shall be provided and kept
properly cleaned, ventilated and free from odor. Such toilets
shall be properly partitioned, and there shall be at least one
for each fifteen persons employed. All scaffolding used in such
buildings shall be made of clear lumber free of all knots, and
shall be kept in first class condition at all times. The use
of paint spraying machines shall not be permitted inside such
buildings. It shall be the duty of the railroad and warehouse
commission to determine as soon as practicable what portion of
the repair or construction tracks of each railroad in the State it
shall be necessary to cover with such building or buildings in
order to comply with section one thereof, and said commission
shall thereupon make an order as to each railroad in the State
specifying the size of the building or buildings necessary at each
location where such repair or construction work is carried on,
and it shall thereupon be the duty of each railroad company to
forthwith erect such buildings and have all the same ready for
occupancy not later than September 1st, 1922.
S ec . 4. W h ere any such buildings are m aintained, it shall be
unlaw fu l fo r any employer to require men so employed to work
outside o f such buildings in rain, heat, eold, snow, or other in
clement weather.
S ec . 5. A n y person, firm, copartnership, corporation, or receiver
thereof, violating any o f the provisions o f tfcis act, shall be guilty
o f a m isdem eanor and, upon conviction thereof, shall be liable fo r
a penalty o f not less than one hundred dollars ($ 1 0 0 ), nor more
than five hundred dollars ($ 5 0 0 ), fo r each offense, and the failu re
Heating.
Drinking water.
Toilets.
Scaffolding.
Point machines.
Enforcement.
Work outside.
Violations.
LABOR LEGISLATION OF 1019.
160
to provide a building 01* buildings, as hereinbefore required, shall
constitute-a separate offense for every day or part of the day while
such failure continues, and such penalty shall be recovered in a
suit brought in the name of the State of Minnesota, in any court
having jurisdiction thereof, by the attorney general of the State,
or at his direction. All fines and penalties recovered by the State
under this act shall be paid into the treasury of the State of
Minnesota.
S e c . 6. This act shall take effect and be in force on and after
September 1 st, 1920.
Approved April 25, 1910.
MISSOURI.
ACTS OF 1919.
Railroads— Sufficient crews for trains,
(P ag e 2 4 7 .)
1. The act of tlie General Assembly of tlie State of
Missouri approved April 16, 1913, [page 183], entitled “An act to
promote the safety of employees and travelers upon railroads and
railways in whole or in part within the State of MJssouri, etc.,”
is hereby repealed.
Approved May 22, 1919.
S e c t io n
Repeal.
Employment of children— General provisions.
(P a g e
2 4 8 .)
[This act amends sections 1715, 1716, and 1717 of the Revised
Statutes of 1909, and adds new sections 1715a, 1717a, and 1717b,
so as to read as follows:]
Section 1715. No child under the age of fourteen years shall be Age limit,
employed, permitted, or suffered to work at or be engaged in any
gainful occupation in this State; except that during the hours
when the public schools in the district in which the child resides
are not in session, such child may work at agricultural pursuits;
and domestic service [sic] and except as provided in sections
1726b, 1726c, and 1726i.
Sec. 1715a. No child over fourteen and under sixteen years of Emp l o y me n t
age shall be employed, permitted, or suffered to work at or be CC1 1 ca cs#
engaged in any gainful occupation in this State unless such child
has obtained an employment certificate as provided in sections
1718 to 1724, inclusive; except that such child may, without an
employment certificate, work in agricultural pursuits and domes
tic service during the hours when the public school^ in the
district in which the child resides are not in session; and except
in cases where special permit is required as provided in sections
1726b, 1726c, and 1726L
Sec. 1716. No child under the age of sixteen years shall be em- Hours of labor,
ployed, permitted, or suffered to work at or be engaged in any gain
ful occupation in this State, except those engaged in agricultural
pursuits and domestic service, more than forty-eight hours in any
one week nor more than eight hours in any one d a y; nor before
the hour of seven o’clock in the morning nor after the hour of Night work,
seven o’clock in the evening: Provided , however , That sections
1715, 1715a, and 1716 shall not apply to children working for
their parents or guardians.
Sec. 1 7 1 7 . The State factory inspector shall furnish printed Schedule to be
forms to every employer of children under the age of sixteen, andp
every such employer shall correctly fill in and post in a conspicu
ous place in every work room or place where such children are
employed, a printed notice, reading as follows:
n o t ic e
to
c h il d r e n .
Under the laws of Missouri no child under the age of fourteen
years can be employed or permitted to work in this establishment.
No child under the age of sixteen years can be employed or per
mitted to work in any occupation for more than forty-eight hours
in any one week, nor for more than eight hours in any one d a y;
nor before the hour of seven o’clock in the morning nor after the
hour of seven o’clock in the evening.
1 7 5 7 ° — 2 1 ------ 1 1
Form,
161
162
LABOR LEGISLATION OF 1919.
The working hours of this establishment are as follows:
O pening liour.
Monday______ _____a. 111.
Tuesday______ _____a. in.
Wednesday_________a. m.
Thursday— ________a. m.
Friday_______ _____a. m.
•Saturday_____ ____ a. ra.
Lists*
Lunch
tim e.
--------- m. to --------- m.
--------- m. to --------- m.
--------- m. to --------- m.
--------- in. to ----------m.
--------- in. to --------- in.
--------- m. to --------- m.
C losin g hour.
--------- p. 111.
—------- p. in.
--------- p. m.
----------p. m.
----------p. m.
----------p. m.
Sec. 1717a. Every person, firm, or corporation employing minors
between the ages of fourteen and sixteen years within this
State shall keep two complete lists containing the names, ages,
and places of residence of all such children employed, one on file
and one conspicuously posted near the principal entrance of the
place or establishment in which such children are employed.
Sec. 1717b. The violation of any of the provisions of this act
shall be deemecf a misdemeanor and every day’s violation shall
constitute a separate offense, and any person, firm, or corpo
ration committing such violation shall be punished by a fine of not
more than $100, or by imprisonment in the comity jail not ex
ceeding one year, or by both such fine and imprisonment.
Approved May 80, 1919.
Violations.
Employment of children— Certain employments forbidden.
(Page 250.)
[This act repeals sections 4741, 4742, and 4743 of the Revised
Statutes of 1909 and enacts new sections numbered 17261, 1726m,
1726n, and 1726o, which read as follows:]
Section 17261. No child under the age of sixteen years shall be
employed, permitted, or suffered to work at or be engaged in
any capacity in the operation of any power machinery or assist
ing therein in any capacity whatever, except in the operation of
machinery used for agricultural purposes or in domestic service;
nor shall any such child be employed, permitted, or suffered to
work at or be engaged in or about or in connection with any
mine or underground work; nor shall any such child be permit
ted or suffered to work, or be engaged in any capacity in, about,
or in connection with the preparing of any composition in which
dangerous or poisonous acids or alkalis are used; the manufac
ture of paints, colors, or white leads; dipping, drying, or packing
matches; manufacturing, packing, or storing powder, dynamite,
nitroglycerine compounds, fuses, or other explosives; the sewing,
lasting, or adjustment of any belt to any powder machinery; nor
in oiling, wiping, or cleaning any machinery; nor in operating
or assisting in operating any machine used in picking wool, cotton,
hair, or upholstery material; nor any job press operated by power
or cylinder press; nor any machine used in polishing or grinding
any metal, nor any machine used for manufacture of goods for
immoral purposes; nor in, about, or in connection with any brew
ery or other establishment where malt or other alcoholic liquors
are manufactured, or sold, packed, wrapped, or bottled; hotel,
pool or billiard h all; wholesale drug store; saloon, nor in bowling
alleys.
Messenger serv
Sec. 1726m. No girl under the age of eighteen years shall be
ice.
employed, permitted, or. suffered to be engaged in “ carrying tele
graphic dispatches ” or in the messenger service.
Enforcement.
Sec. 1726n. The State factory inspector, the State superintend
ent of schools, the probation officer of any juvenile court, the
county superintendent of public welfare, and persons authorized
by any of them and every attendance and truant officer shall
enforce the provisions of this act.
Violations.
Sec. 1726o. Any person, firm, or corporation employing any such
minor, contrary to the terms of this act, shall, upon conviction,
be adjudged guilty of a misdemeanor.
Approved May 30, 1919.
Dangerous
cupations.
oc
T E X T
O F
L A W S —
M IS S O U R I.
163
Inspection and regulation of factories — Sanitation .
(Page 439.)
(Sections 7856, 7857, and 7858 of the Revised Statutes of 1909
are amended so as to extend their provisions to employers of three
persons instead of five as formerly.
Sections 7859 and 7860 are amended by placing the duty of
enforcing the act on “ the industrial inspector, or his assistant,
or deputy,” instead of on “ an inspector of factories ” as formerly. ]
Factory, etc., regulations— Employment of diseased persons.
(Page 4 41.)
[This act amends section 7866 of the Revised Statutes of 1809
so as to read as follows:]
Section 7866. No employer shall knowingly require, permit, or Persons not to
suffer any person to work in or about his bakeshop, hotel, res-be empI >y-L
taurant, lunch counter, or confectionery shop who is affected with
tuberculosis, scrofula, or any venereal disease, or with a com
municable skin affection, and every person is hereby required to
keep himself in a clean and sanitary condition while engaged in
the manufacturing or handling of such products, and such em
ployer shall, at his own expense, on the demand of the industrial
inspector, or his assistant, or deputy, furnish such inspector with
the certificate of a reputable and competent physician as t» the
state of health of any of his employees.
Approved May 21, 1919.
Employment of women— Vacation at childbirth.
(Page 442.)
[This act adds the following new section to the Revised Statutes
of 1909:]
Section 7815-a. It shall be unlawful for any person, firm, or Vacation r «corporation to knowingly employ a female or permit a female toquired*
be employed in any of the diverse kinds of establishments, places
of industry, or places of business specified in section 7815 of this
act, within three weeks before or three weeks after childbirth.
Any person, firm, or corporation who shall violate this section
shall be deemed guilty of a misdemeanor.
Approved May 30, 1919.
Factory, etc., regulations.
(Page 443.)
[This act amends sections 7827, 7828, 7830, 7839, 7840, 7841,
and 7842 of the Revised Statutes of 1909, and adds new sections.
Nos. 7828a and 7845a, so as to read as follows:]
Section 7827. All accidents in manufacturing, mechanical, mer- Accident* to ?>«
cantile, or other establishments or places within this State where reP°rte<ilabor is employed which prevent the injured person or persons from
returning to work within four days after the injury, or which re
sult in death, shall be reported by the person in charge of such es
tablishment or place to the industrial inspector, or to one of the as
sistant or deputy inspectors provided for by this chapter, and also
to the city or county physician, when there be such an officer, which
notice may be given by mail.
Sec. 7828. The belting, shafting, machines, machinery, gearing. Belting etc., to
and drums in all manufacturing, mechanical, and other establish-be
ments in this State, when so placed as to be dangerous to per
sons employed therein or thereabouts while engaged in their
ordinary duties, shall be safely and securely guarded when po»
164
L A B O K
L E G IS L A T IO N
O F
1919.
gible; if not possible, then notice of its danger shall be conspicu
ously posted in such establishments. Whenever the industrial in
spector, or his assistant, or deputy, finds that guards have not
been installed nor notice of danger posted, as required by the pro
visions of this section, he shall at once, in writing, order the
owner or owners, or the person or persons in charge of the
machinery, plant, establishment, or place, to make the alterations,
additions, 0 1 * repairs necessary within ten days; and if the said
alterations, a d d itio n s, or repairs be not made within ten days from
the date of such order, then such failure to make such altera
tions shall be deemed a violation of this article, and in addition
to the penalties hereinafter prescribed for such violations, the
inspector, 01* his assistant or deputy, shall be and is hereby
empowered to, and he shall seal said defective appliance or appli
ances in such a manner as to render the same inoperative until
said order of the inspector has been complied with.
Circular saws.
Sec. 7828a. All power-driven circular saws must be provided
with safety guards which raise and lower automatically for vari
ous thicknesses of material, and must also be provided with a
kick-back dog to prevent the board binding on the saw and flying
back. Said appliances shall be subject to the approval of the
State industrial inspector, his assistants, or deputies.
Hatchways, etc.
Sec. 7830. The openings of all hatchways, elevators, and welliioles upon every floor of every manufacturing, mechanical, or
mercantile, or public building in this State shall be protected by
good and sufficient trapdoors or self-closing hatches or safety
catches, or strong guardrails at least three feet high, and, all
due diligence shall be used to keep such trapdoors closed at all
times, except when in actual use by the occupant of the building
having the use and control of the same. Whenever the State in
dustrial inspector, or one of his assistants or deputies, finds any
violations of the foregoing requirement to guard hatchways, ele
vators, and v/ellholes, he shall at once, in writing, notify the
owner or owners thereof, or the person or persons in chage of
said appliance or appliances, to make the necessary alterations,
additions, or repairs within ten days; and if said alterations, addi
tions, or repairs are not made within ten days from the date of
such notice, the inspector, or his assistant or deputy, shall seal
such appliance or appliances in such a manner as to render the
same inoperative until there has been compliance with the order
of the inspector.
Pol i s hi ng
Sec. 7839. Every person, firm, or corporation using any polishwheeis.
j n g wheel 01* machine of any character which generates dust,
smoke, or poisonous gases in its operation, shall provide each
and every such wheel or machine with a hood, which shall be
connected with a blower or suction fan of sufficient power to
carry off said dust, smoke, and gases and prevent its inhalation
by those employed about said wheeL or machine; and any viola
tion of this section is hereby declared to be a misdemeanor, and
a person, firm, 0 1 * corporation so violating this section shall, upon
conviction, be punished by a fine of not less than one hundred
dollars nor more than five hundred dollars for each and every
offense. It shall be the duty of the industrial inspector and his
assistants and deputies to see that this section is enforced and
to prosecute any violations thereof.
Ventilation.
Sec. 7840. In all establishments in this State wherein labor is
employed, where any process is carried on by which dust or
smoke is generated, the industrial inspector and his assistants
and deputies shall have the power and the authority in order that a'
fan or some other contrivance be put in to prevent the inhalation
of such dust or smoke by employees.
Overcrowding.
Sec. 7841. Where, in the opinion of the inspector, any estab
lishment wherein labor is employed is so overcrowded with em
ployees as to endanger health or safety, the industrial inspector,
when supported in his opinion by the opinion of some reputable
physician, shall be authorized and empowered to prohibit such
overcrowding.
TEX T OF LAW S— MISSOUFvI.
165
Sec. 7 8 4 2 . Whenever the State industrial inspector, or one of Unsanitary
his assistants or deputies, finds that the heating, lighting, ven- tiora?rouS co
tilation, or sanitary arrangements of any establishment where
labor is employed is such as to be dangerous to the health or safety
of employees therein or thereat, or the means of egress in case
of fire or other disaster are not sufficient, or that the building
or any part thereof is unsafe, or that the belting, shafting, gear
ing, elevators, drums or other machinery are located so as to
be dangerous to employees and not sufficiently guarded, or that the
vats, pans, ladles or structures filled with molten or hot liquid,
or any furnace, be not sufficiently surrounded with proper safe
guards, or the platforms, passageways, and other arrangements
around, in, 01* about any railroad yard or switch be such as to
probably lead to injury or accident to those employed in, around,
or about any such establishment or place, shall at once, in writing,
order the owner or owners, or the person or persons in charge Orders,
of such establishment or place to make the alterations or addi
tions necessary within ten days; and if such alterations or addi
tions be not made within ten days from the date of such order,
then such failure to make such alterations shall be deemed a
violation of this article, and in addition to the penalties herein
after prescribed for such violations, the inspector, or his assistant
or deputy, shall be and is hereby empowered to, and he shall,
seal said defective appliance or appliances in such manner as to
render the same inoperative until said order of the inspector has
been complied with.
Sec. 7845a. It shall be unlawful and deemed a violation of Violations,
this article for any person to break, remove, alter, or otherwise
render ineffective, 01* to aid or abet or cause same to be done,
any guards installed, or the seal of any inspector affixed in ac
cordance with the provisions of this article.
Approved May 26, 1919.
Hours of labor of railroad■employees.
(Page 446.)
[This act amends section 7819, Revised Statutes of 1909, by strik
ing out the last sentence thereof, relating to tlie disposition of
fines for violations of the law.]
Employment of women— Hours of labor.
(P a g e 4 4 7 .)
[Section 7815 of the revised statutes of 1909 is amended by
striking out an “ of ” and inserting an “ or ” in lieu thereof as
indicated by brackets in Bui. 148, page 1175.
Section 7816a is amended to read as follows:]
Section 7816a. The industrial inspector shall be charged with
the enforcement of the provisions of sections 7815 and 7816 of this
article and the prosecution of all violations thereof. It shall be
the duty of the industrial inspector, his assistants, or deputies,
to make at least two inspections each year of all shops, establish
ments, and places described in said section 7815, and he shall
be entitled to demand and receive for each such inspection the
schedule of fees provided in section 7825, Revised Statutes of
Missouri, 1909, and amendments thereto.
Approved May 26, 1919.
Occupational diseases— Sanitation of factories.
(P a g e 4 4 8 .)
[This act amends sections 6, 12, 13, and 14 of Acts of 1913,
page 402, by changing the title of the inspector from “ factory
inspector ” to “ industrial inspector.” In section 13 the words
therein appearing within parentheses “ (employees arising from
such),” are stricken out.]
Enforcement,
or
LABOR IiiiG ISLATIO X OF 1910.
166
Payment of wayes— Semimonthly pay day.
(P ag e 4 3 0 .)
[This act amends section TS1T of tlie Revised Statutes of 1909*
by inserting in the first sentence thereof the requirement that
wages shall be paid “ in lawful money.”]
Inspection and regulation of factories— Wash rooms in factories.
(P ag e 4 5 1 .)
[Sections 1, 2, and 3 of Acts of 1913, page 401 (Bui. 148, p.
1211), are amended by striking out 10 and inserting 4 wherever
they appear so that the act is extended to foundries having four
or more employees. In sections 2 and 3 the title “ factory ”
inspector is changed to “ industrial ” inspector.]
v
Factory , etc., regulations— Industrial inspector.
(Page 452.)
[This act amends sections 7823, 7824, 7825, and 7826 of the
Revised Statutes of 1909, so as to read as follows:]
inspector to be
Section 7823. Within thirty days after the passage of this
appointed.
article, the governor of the State, with the advice and consent
of the senate, shall appoint a competent person to serve as State
industrial inspector, who shall hold office for four years from
the date of his appointment, or until his successor is appointed
and qualified. The industrial inspector may appoint, from time
to time, two assistant industrial inspectors, and ten deputy inAssistants, etc. dustrial inspectors, two of whom may be women, who may be
removed by him at any time for just cause. Before entering
upon his official duties, the inspector shall make oath to sup
port the Constitution and faithfully demean himself in office;
he shall also execute a bond to the State of Missouri, in such
sum as the governor may prescribe, with two or more solvent
sureties, to be approved by the governor, conditioned upon his
faithful performance of the duties imposed upon him by law.
Districts.
Sec. 7824. The State industrial inspector may divide the State
into districts, assign one or more deputy inspectors to each district,
and may, at his discretion, change or transfer them from one disDuties of in- trict to another. It shall be the duty of the industrial inspector, his
spectora.
assistants or deputy inspectors, to make not less than two inspec
tions during each year of all factories, warehouses, office build
ings, freight depots, machine shops, garages, laundries, tenement
workshops, bake shops, restaurants, bowling alleys, pool halls,
theaters, conceit halls, moving-picture houses or places of public
amusement, and all other manufacturing, mechanical, and mer
cantile establishments, and workshops. The last inspection shall
be completed on or before the first day of October of each year,
and the industrial inspector shall enforce all laws relating to
the inspection of the establishments enumerated heretofore in
this section, and prosecute all persons for violating the same.
Any municipal ordinance relating to said establishments or their
inspection shall be enforced by the industrial inspector. The
industrial inspector, his assistants and deputy inspectors may ad
minister oaths and take affidavits in matters concerning the
enforcement of the various inspection laws relating to these estab
lishments: Provided , That the provisions of this section shall
not apply to mercantile establishments that employ less than
ten persons that are located in towns and cities that have three
thousand inhabitants or less.
Fees for inspecSec. 7825. The inspector provided for in this article shall be
tlon*
entitled to demand and receive from the owner, superintendent
TEX T OF LAW S— M ISSOU RI.
167
manager, or other person in charge of every establishment in
spected, as provided for by law, the following fee for each inspec
tion made in accordance with the provisions of Articles IY, V,
VI, VII, VIII, and IX, chapter 67, ftevised Statutes of Missouri,
1909, or elsewhere authorized or required of said inspector by
law to be made: For the inspection of every building or shop in
which three or less persons are employed or found at work, the
sum of fifty cents; for the inspection of every building or shop in
which more than three or not exceeding thirteen persons are em
ployed, the sum of one dollar; for the inspection of every build
ing or shop in which more than thirteen and not exceeding twentysix persons are employed, the sum of two dollar’s ; for the inspec
tion of every building or shop in which more than twenty-six and
less than fifty persons are employed, the sum of three dollars;
for the inspection of every building or shop in which more than
fifty persons and less than eighty persons are employed, the sum
of four dollars; and in every building or shop in which more
than eighty persons are employed an additional fee of one dollar
shall be charged and collected for every fifty additional persons
employed, or any additional fraction thereof; and the fee herein
provided for shall be due immediately upon completion of the
inspection. The owner, superintendent, manager, or other person
in charge of any establishment at the time of inspection shall be
required to furnish the inspector making the inspection a true Duty »f ownstatement of the number of persons employed in such establish- ere, etc.
ment at the time of inspection, and any owner, superintendent,
manager, or other person in charge who shall fail or refuse to
furnish such statement, or understate the number of persons em
ployed in such establishment at the time of inspection, shall be
deemed guilty of a misdemeanor, and, upon conviction thereof,
shall be fined not less than twenty-five dollars nor more than one
hundred dollars for each offense. Any person, firm or corporation,
agent or manager, superintendent or foreman of any firm or cor
poration. whether acting for himself or for such firm or corpora
tion or by himself or through subagents or foreman, superintendent
or manager w ho shall refuse or attempt to prevent the admission of Refusin* a d •
any inspector authorized by this article, upon or within themissl0a'
premises or building of any establishments or place wrhich he is
required by law to inspect, at any reasonable business hour, or
during working hours of the persons employed therein or thereat,
or shall in any manner interfere with the performance of the
official duties of such inspector, or shall neglect or refuse to pay
the inspection fee upon the completion of such inspection, shall be
deemed guilty of a misdemeanor, and, upon conviction thereof,
shall be fined not less than twenty-five dollars nor more than one
hundred dollars for each offense: Provided , That the owner or
manager of any establishment inspected shall not be required to
pay for more than two such inspections between the first day of
October of one year and thirtieth day of September of the next
year, unless, through noncompliance with the written orders of
the inspector, additional inspections are made necessary.
Sec. 7826. All fees received by the industrial inspector for
un *
all inspections provided for by law shall be paid into the State
treasury on or before the last day of each month, to be placed
to the credit of the “ industrial inspection fund.” The industrial SaIarie#>
inspector shall receive an annual salary of tweny-five hundred
dollars; the two assistant industrial inspectors shall receive an
annual salary of eighteen hundred dollars each, and the deputy
industrial inspectors shall each receive a salary of one hundred
fifty dollars per month for the time actually employed; and the
industrial inspector, assistant industrial inspectors, and deputy
industrial inspectors shall further receive actual necessary ex
penses incurred in the discharge of their duties, to be paid monthly
upon a warrant of the State auditor, issued upon vouchers there
for. The industrial inspector shall establish and maintain aa
168
Offices.
L A B O R
L E G IS L A T IO N
O F
1919.
office in the city of St. Louis, and also an office in the city of
Kansas City and the city of St. Joseph. The offices herein pro
vided for in St. Louis and Kansas City shall each be in charge
of one of said assistant industrial inspectors and the office in
St. Joseph shall be in charge of one deputy industrial inspector.
E'ach of said assistant and deputy industrial inspectors shall
devote his entire time to the discharge of the duties of the office
in the city for which he is appointed. The persons appointed
assistant industrial inspectors under this article shall possess
all the qualifications now required of city officers by the charters
of the respective cities in which their said offices are located:
Provided, That no salary or expense shall be paid for the indus
trial inspector or assistant or deputy industrial inspectors or
clerks in excess of the receipts from the fees paid into the indus
trial inspection funds: And provided further, That the salary of
the industrial inspector and his assistants, and all expenses for
traveling, office rent, printing, stationery, postage, and other items 1
of expenditure shall be limited for the biennial term of two years
to an amount not exceeding sixty-five thousand dollars, and all
money remaining in said industrial inspection fund at the close
of each biennial term, after the payment of the salaries and
expenses herein provided for, shall be transferred to the general
revenue fund.
Approved May 21, 1919.
Employment of children— School attendance .
(P ag e 6 8 1 .)
Attendance
quired.
Enforcement.
[This act amends sections 10896 and 10898 of the Revised
Statutes of 1909, and adds a new section, 10900, to read as follows:]
Section 10896. Every parent, guardian, or other person in this
State having charge, control, or custody of a child between the ages
of seven and fourteen years, shall cause such child to attend reg
ularly some day school, public, private, parochial, or parish, not
less than the entire time the school which said child attends is in
session, or shall provide such child at home with such regular daily
instruction during the usual hours as shall, in the judgment of a
court of competent jurisdiction be substantially equivalent at least
to the instruction given the children of like age at said day school
in the locality in which said child resides; and every parent or
person in this State having charge, control, or custody of a child be
tween the ages of fourteen and sixteen years, who is not actually
and regularly and lawfully engaged for at least six hours each day
in some useful employment or service, shall cause said child to at
tend regularly some day school, as aforesaid: Provided , That a
child between the ages aforesaid may be excused temporarily from
complying with the provisions of this act, in whole or in part, if it
be shown to the satisfaction of the attendance officer, or if he de
clines to excuse, to the satisfaction of a court of competent juris
diction, that said child is mentally or physically incapacitated to at
tend school for the whole period required, or any part thereof, or
that said child has completed the common school course as pre
scribed by constituted authority, or its equivalent, and has re
ceived a certificate of graduation therefrom.
Sec. 10898. The county superintendent of schools in each county
shall select a person of good moral character to act as school
attendance officer for the county. The person so selected shall
file with the clerk of the county court his acceptance and oath
of office and bond of one thousand dollars X $1 ,000) with two suf
ficient sureties to be approved by the county clerk. The person
so selected shall be known as the county school attendance officer
and he shall have the power of a deputy sheriff in the performance
of the duties of school attendance officer in all school districts of
the county when directed so to do by the county superintendent
TEX T OF -LA W S---- M ISSOU RI.
169
of schools, except as hereinafter provided: * * * The attend
ance officer or officers, as aforesaid, shall have the right to
investigate the claims of children for exemptions under section
10896, and to issue certificates of exemption when such claims are
established to his or their satisfaction; shall serve written or
printed notices upon the parents or guardian, or persons who, hav
ing charge, control, or custody of children as aforesaid, violate
the provisions of said sections; shall, when reasonable doubt ex
ists as to the age of any such child, require a properly attested
birth certificate or an affidavit stating such child's age, giving
date of birth, physical characteristics, and bearing the signature
of the child; shall have the right to visit and enter any mine,
office, factory, workshop, business house, place of amusement, or
other place in which children are employed or engaged in any
kind of service, or any place or building in which children loiter
or idle during school hours; shall have the right to require a
properly attested certificate of the attendance of any child or
children at such day school; shall have the power to arrest, with
out warrant, any truant, or nonattendants or other juvenile disorderly persons, and place them in some school, or take them to
their homes, or take them to any place of detention provided for
neglected children in such county or school district; shall serve
in the cases which they prosecute without further fee or com
pensation than that paid by the board as aforesaid, and shall
carry into effect such other regulations as may lawfully be re
quired by the board or superintendent appointing them. When
ever a county superintendent of public welfare has been appointed
in any county, such county superintendent of public welfare may
be appointed by the county superintendent of schools as the county
school attendance officer, with such additional compensation as
may be fixed by the county court.
Sec. 109,00a. Whenever the board of education or board °^feC]ao0isr t *t i me
directors of any school district in this State shall have estab-b
lished part-time instruction in continuation schools for children
under sixteen years of age, lawfully engaged in any regular
employment, all such children shall be required to attend such
school not less than four hours a w^eek between the hours of eight
o’clock in the morning and five o’clock in the evening during the
school year of such part-time classes: Provided further , That
whenever the part-time classes, herein provided for, shall have
been established in any school district, that all children who are
under eighteen years of age, who have not completed the elemen
tary school course in the public schools of Missouri, or its equiva
lent, and who are not attending regularly any day school shall
be required to attend regularly such part-time classes not less
than four hours a week between the hours of eight o’clock in
the morning and five o’clock in the afternoon during the school
year of such part-time classes.
Approved May 30, 1919.
Employment of children— Continuation schools.
(P ag e 6 9 3 .)
S e c t io n 1 .
Whenever in any school district in this State shall.. ?c5ool®
i estab*
be issued and in full force and effect not less than twenty-five 1S e ’ wien‘
employment certificates for children under sixteen years of age,
such school district shall establish and maintain part-time schools,
departments, or classes for such employed children for not less
than four hours per week and for a term not less than that in
which schools are regularly in session in such district.
S e c . 2. The State board of education shall establish standards
Siandards.
for the establishment and maintenance of such schools.
S e c . 4. The attendance on such part-time school, department, or Attendance,
class, shall be counted as a part of the time the minor can be
employed.
170
Exemption.
Penalties.
LABOR LEGISLATION OF 1019.
Sec. 6. The State board of vocational education may upon
special hearing in each case excuse a city, village, town, county,
or district from either establishing or maintaining part-time
schooling.
Sec. 8. All of the penalties provided in the compulsory educa
tion law for Missouri are hereby made applicable in requiring
the attendance of the children under sixteen years of age upon a
part-time school, department, or class whenever such part-time
school, department, or class shall have been established in any
school district.
Approved June 2, 1919.
MONTANA.
ACTS OF 1919.
C h a p te r
1 1 .— Payment of wages.
Semim o r. t h 1y
S ec tio n 1 . That from and after June 1 , 1 9 1 9 , every employer o f
labor (except agricultural labor), whether a person, copartner pay day.
ship, or corporation, in the State o f Montana, shall pay to his em
ployee the wages earned each and every fifteen ( 1 5 ) days in law
ful money of the United States, or checks on banks convertible into
cash on demand full face values thereof, and all such wages shall
be due and payable, and shall be paid by such persons, copartner
ship or corporation not later than the fifth and twentieth day of
each calendar month for all such wages earned up to and within
five ( 5 ) days of the date of such payment: Provided, however,
That if at such time of payment any employee shall be absent from
the regular place of labor he shall be entitled to such payment at
any time thereafter: Provided, further , That this act shall not af
fect any person, copartnership, or corporation, foreign or domestic,
who shall have already established, and shall continue to main
tain, a semimonthly or weekly pay day.
Failure to pay.
S e c . 2. Whenever any employer, whether a person, copartner
ship, or corporation, fails to pay any of his employees, as provided
in section 1 of this act, then a penalty shall attach to such person,
copartnership, or corporation, and become due such employees as
follows : A sum equivalent to a penalty of five per cent of the wages
due and not paid, as herein provided, as liquidated damages, and
such penalty shall attach and suit may be brought in any court of
competent jurisdiction to recover the same and the wages due.
Discharged em
S e c . 3 . Whenever any employee is discharged from the employ
of any such person, copartnership, or corporation, including per ployees.
sons, copartnerships, and corporations engaged in agricultural pur
suits, on leaving said employment shall be paid in not less than
three (3) days thereafter, then all the unpaid wages of such em
ployees shall immediately become due and payable on demand, ex
cept in months having thirty-one (31) days, when the payment shall
include the last sixteen ( 1 6 ) days or thirteen ( 1 3 ) or fourteen ( 1 4 )
days in February as the case may be, and if such person, copartner
ship, or corporation fails to pay any such discharged employee,
within twenty-four hours after such discharge, all the wages due
and payable to said discharged employee, then the same penalty of
five per cent shall attach to said person, copartnership, or corpor
ation, and become due such employee as provided in section 2 of
this act.
•
Penalties.
S e c . 4 . Any employee may recover all such penalties as are pro
vided for the violation of section 2 of this act, which have accrued
to him at any time within six months succeeding such default or
delay in the payment of such wages.
S e c . 5 . Any contract or agreement made between any person, co Waivers unlaw
partnership, or corporation and any parties in his, its, or their em ful.
ploy, whose provision shall be in violation, evasion, or circumven
tion of this act, shall be unlawful and void ; but such employee may
sue to recover his wages earned, together with such five per cent
penalty, or separately to recover the penalty, if the wages have
been paid.
Attorneys* fees.
S e c. 6. Whenever it shall become necessary f o r the employee to
enter or maintain a suit at law for the recovery or collection of
171
172
LABOR LEGISLATION OF 1919.
wages due, as provided for by this act, then such judgment shall in
clude a reasonable attorney’s fee in favor of the successful party,
to be taxed as part of the costs in the case.
Approved February 13, 1919.
C h a p te r
32.— Inspection of steam boilers.
[This chapter amends sections 1643,1652, and 1655 of the Revised
Codes of 1907, as amended by chapter 30, Acts of 1913. Section
1643 is amended by striking out the proviso at the end of the first
sentence, which exempted from annual examination boilers not
used more than sixty days during the year.
The second sentence of section 1652 is made to read: “ The fee
for the inspection of each traction engine or boiler on wheels shall
be ten dollars.” A new requirement directs all certificates of
inspection and engineers’ licenses to be displayed in a conspicuous
place in the engine room.
Section 1655 exempts boilers used in heating private residences
and locomotives used on commercial railroads; but not locomotives
used for individual or establishment purposes.]
C h a p te r
Certificates
quircU.
Labor
sary.
Duty
ployers.
of
43.— Employment of children— Certificate.
[This chapter amends section 1101, chapter 76, Acts of 1913,
so as to read as follows:]
Section 1101. No child under sixteen years of age shall be em
ployed or be in the employment of any person, firm, company, or
corporation during the school term and while the public schools
are in session in the district in which such child lives, unless such
child shall present to such persons, firm, company, or corporation
an age and schooling certificate. An age and schooling certificate
shall be issued by the city superintendent of schools or principal
of schools, or by some person duly authorized by him, and in
districts not having a city superintendent or principal by the
county superintendent of schools, upon satisfactory proof that
such child is of the age of sixteen years or over, or that such child
has successfully completed the eighth grade as the same is desig
nated and determined by the State board of education: Provided ,
however , That in case the wages of any child over fourteen years
' of age are necessary to the support of the family of such child,
the city superintendent of schools, or principal of schools, or
county superintendent, as the case may be, may, upon production
of satisfactory evidence that the wages of such child are neces
sary to the support of the family, issue a certificate permitting
the employment of such child. The age and schooling certificate
shall be formulated by the superintendent of public instruction
and blank certificates furnished by the clerk of the board of
trustees. Every person, firm, company, or corporation employing
- any child under sixteen years of age shall exact the age and
schooling certificate, or the certificate permitting the employment
of such child, prescribed in this section, and shall upon the re
quest of the truant officer or other authorized person by school
trustees, permit him to examine such age and schooling certificate.
When, however, employment of such child ceases, the employer
shall promptly return to the city superintendent of schools, or
principal of schools, or county superintendent of schools of such
district where said child resides, the age and schooling certificate
or certificate permitting the employment of such child. Any per
son, firm, company, or corporation employing any child contrary
to the provisions of this chapter shall be fined not less than twentyfive ($25) dollars nor more than fifty ($50) dollars for each and
every offense: Provided, hoicever, That nothing in this act shall
be construed to interfere with the employment of a child during
the time school is not actually in session.
Approved February 24, 1919.
TE X T OF LA W S— M O N T A N A .
C h a p t e r 1 3 3 .—
Employed children— Continuation schools.
S e c t io n 1. Any school district of the first class, or county high
Schools to be
school located in a district of the first class, in which there shallestabllshed*
reside or be employed, or both, not fewer than fifteen children
over fourteen years of age and less than eighteen years of age,
who have entered upon employment, shall establish part-time
schools or classes for such employed children.
S e c . 2. A part-time school or class established in accordance
Nat ure of
with the terms of this act shall provide an education for children sch°o1who have entered employment, which shall be either supplemental
to the work in which they are engaged, continue their general
education, or promote their civic or vocational intelligence.
S e c . 3 . All children of first-class districts of the State shall
attendance,
attend school until the age of eighteen, unless they are excused
from school to enter employment, in. accordance with section 1100,
1 1 0 1 , and 1 1 0 2 of chapter 1 1 of the school laws of Montana, or
unless they shall have completed a high-school course.
S e c . 4 . Whenever any district or county high-school board shall
Districts e x deem it inexpedient to organize part-time schools or classes forcusedemployed minors, it shall state the reasons for such inexpediency
in a petition to the State board of education, and when the State
board of education shall judge such reasons as valid, the district or
county high-school board shall be excused from the establishment
of such part-time schools or classes.
S e c . 5. Part-time schools or classes established in accordance
Hours,
with the provisions of this act shall be in session not less than four
hours a week between the hours of eight a. m. and six p. m.
during the week which other public schools are maintained in the
district or county establishing such part-time schools or classes.
S e c . 7. Whenever the number of hours for which a child over Counted as work
fourteen years and less than eighteen years of age may be em-time*
ployed shall be fixed by the Federal or State law, the hours of
attendance upon a part-time school or class organized in accord
ance with the terms of this act shall be counted as a part of
the number of hours fixed for legal employment by Federal or
State law's.
Sec. 8. Every parent, guardian, or other person in the first class
of parschool district in the State of Montana having control of an yents*
child or children between and including the ages of fifteen and
seventeen, who have entered upon employment, shall be required
to send such child or children to a part-time school or class when
ever there shall have been such part-time school or class estab
lished in the district where the child resides or may be employed.
S e c . 9. In case any parent, guardian, or other person in first- Violations,
class school districts in the State of Montana having control or
charge of any child or children between and including the ages
of fifteen and seventeen shall fail to comply with the provisions
of this act he shall be deemed guilty of a misdemeanor and shall
on conviction thereof be subject to a fine of not less than five
dollars nor more than twenty dollars for each separate offense.
S e c . 1 0 . Any person, firm, or corporation employing a child beDuty of emtween the ages of fourteen and eighteen shall permit the attend- PIoyers«
ance of such child upon a part-time school or class whenever
such part-time school or class shall have been established in the
first-class district where the child resides or may be employed;
and any person, firm, or corporation employing any child over
fourteen and less than eighteen years of age contrary to the
provisions of this act shall be subject to a fine of not less than
twenty-five nor more than fifty dollars for each and every offense.
S e c . 1 1 . The officers charged by law with the responsibility for
Enforcement,
enforcement of attendance upon regular public schools of children
over eight years of age shall also be charged with the responsi
bility for the enforcement of attendance upon part-time school
or classes of minors over fourteen years and less than eighteen
years of age, in accordance with the terms of this act.
Approved March 5, 1919.
LABOR LEGISLATION OF
174
C h a p te r
1919.
384.— Reports of employees.
S e c t i o n 1. I t shall hereafter be the duty of every person, asso
ciation, or corporation employing more than fifty persons at one
time, within the State of Montana, to make out and file with tlie
industrial accident board a regular quarterly report, showing the
names, ages, and residence of all their employees who are not
citizens of the United States, and also of all employees who do
not read and speak the English language. All such reports shall
be made upon printed blank forms to be furnished by the industrial
accident board, and shall in addition to the foregoing facts dis
close the following, to w it:
Form.
( 1 ) The country of which said employee is a citizen;
(2 ) The period of time which said employee has resided in the
United States;
(8 )
The period of time which said employee has been in the
service of said employer;
(4) Whether said employee be married or single, and if mar
ried, the residence of employee's wife and fam ily;
(5) What steps, if any, employee has taken to become a citizen
of the United States;
(6 ) What steps, if any, employee has taken to familiarize him
self with the English language;
(7) Such further and additional facts and information as shall
be prescribed and required by said board.
Sec. 2. It shall be the duty of the industrial accident board to
Blanks.
prepare or cause to be prepared all blank printed forms that shall
be necessary to comply with the provisions hereof, which said
blanks shall be furnished to all said employers upon application
therefor to said industrial accident board.
Duty a( em
S e c . 8. For the purpose of carrying out the provisions of this
ployers.
act, all employers of labor are hereby designated, for the purpose
of receiving the information provided for in this act, agents and
representatives of the industrial accident board, and it shall be
the duty of all employees .of such employers to furnish to the
employers, upon their request, for and on behalf of said industrial
accident board, all information necessary to enable the employers
to make out and furnish the report or reports required by this
act. In case of the failure or refusal of any employee to furnish
to his employer the information provided for in this act, such
fact shall be reported by the employer to the industrial accident
board, and the industrial accident board is hereby authorized and
empowered to cause such employee to appear before the industrial
accident board, at such time and place as they may determine, and
furnish the information required under the provisions of this act.
S e c . 4. The industrial accident board shall have full power and
Enforcement.
authority to make and prescribe all reasonable rules, regulations,
and to prescribe all necessary penalties to secure a strict com
pliance with the provisions of this act, and every employer or em
ployee or other person who shall fail or refuse to comply with the
provisions of this act, or with any rule or regulation of the indus
trial accident board, shall be deemed guilty of a misdemeanor.
Approved March 5, 1919.
Wh'» to report.
C h a p te r
147.— Employment of labor— Equal pay for tvomen.
Discrimination
S e c t io n 1. It shall be unlawful for any person,
forbidden.
county, municipal or school district, public or private
Violations.
firm, State,
corporation,
to employ any woman or women in any occupation or calling with
in the State of Montana for salaries, wages, or compensation which
are less than that paid to men for equivalent service or for the
same amount or class of work, or labor in the same industry, school,
establishment, office, or place of any kind or description.
S e c . 2. Any person, firm, State, county, municipal or school dis
trict officers, or public or private corporation, violating any of the
provisions of section 1 of this act shall be deemed guilty of a mis-
TE X T OF LA W S— M O N T A N A .
175
demeanor, and upon conviction thereof shall be fined not less than
twenty-five ($25) dollars nor more than five hundred ($500) dol
lars for each offense.
Approved March T, 1919.
C h a p te r
198.— Mothers' pensions.
[This chapter amends section 3 of chapter 83, Acts of 1917, by
adding to condition (5) the requirement that beneficiaries must be
citizens of the United States.
The following is also added to this section:]
(7)
Application shall be made by the mother to the county at- Makingappiica
torney, whose duty it shall be to file a petition with the district on*
court or a judge thereof setting forth the facts above required. The
said court or the judge thereof shall designate the bureau of child
and animal protection of the State of Montana, or the county pro
bation officer of the county wherein the mother resides, to make a
thorough investigation of all the facts of the case and make such
findings and report thereon under oath as the result of the investi
gation, and to appear at the hearing of said application to testify
in support of said findings and report, if required. And it is here
by made the duty of the county attorney to appear at such hear
ing and conduct such investigation. (8 ) Every person receiving
an allowance Under this act shall, every six months, file with the
county auditor, in counties having an auditor, a report in writing, Report*,
verified under oath, showing whether or not she has remarried;
whether any of the children for whom she is receiving an allowance
for support have died, or not living with her, or are not being sup
ported by her; her present place of residence, and the present place
of residence of the children for whom she is receiving an allow
ance; whether any of such children have attained the age of six*
teen years, or have acquired property sufficient for their support.
Approved March 11, 1919.
C h a p te r 213.—
Regulation of factories, etc .— Fire escapes.
S ectio n 1. It shall be the duty of the owner entitled to the bene- Dllt^ of o f
ficial use, rental, or control, or, if such owner be a nonresident, the ers*
occupant or lessee, of any building three or more stories in height,
constructed or used, or intended to be used, in whole or in part, as
a hospital, * * * apartment house, * * * or any manu
facturing establishment or industrial plant, wholesale or retail
mercantile store, workshop, warehouse, office building, * * * to
cause to be erected and fixed to every such building one or more
adequate fire escapes, which, in no case, shall be less than one such One escape,
escape to each five thousand square feet of lot area covered by
such building: Provided T That any building six or more stories
in height shall have at least two such fire escapes to each five thou- Two escapes,
sand square feet of lot area covered by such building: Provided,
That where the area and height of any building is such that the
construction of one fire escape will meet the requirement of this
act and it is selected to construct an interior stairway type es
cape, then, in such case, there shall be provided at least one other
exit from each floor of said building, which exit shall be placed as
remote from the entrance to the fire escape as is consistent with
the construction of the building: And provided further, That all
fire escapes shall be located as far as possible, consistent with ac
cessibility, from stairways, elevator hatchways, and other open
ings in the floors, and as far apart as is consistent with the con
struction and location of the building. * * *
S e c . 2. An adequate fire escape, provided for in section one (1)
required,
of this act is defined to be a concrete stairway, an iron or steel
stairway, an iron or steel straight chute, or which may be con
structed of other fireproof material of equal strength, and may be
erected on the exterior or interior of any building requiring fire
escapes: Provided , however, Where outside stairways do not
LABOR LEGISLATION OF 1919.
176
Structure.
Signs, etc.
Enforcement.
Inspection.
Notice.
reach the ground, same must have an iron stairway from the low
est balcony to the ground, counterbalanced so that same shall re
main in a horizontal position when not in use. This stair must be
constructed in the same manner of the same material as those of
the upper balconies. When a suspended weight is used as a coun
terbalance, proper guides or places must be provided. It is here
by made the duty of the State fire marshal, to prepare and promul
gate minimum specifications for the construction and erection of
each type of fire escape authorized by this act, which specifications
shall be based upon a working stress not less than sixteen thousand
pounds to the square inch for steel, twelve thousand pounds to the
square inch for wrought iron, and seven hundred pounds to the
square inch for concrete: Provided , That specifications for in
terior fire escapes shall require that they be inclosed with non
combustible material, and that all door and window openings be
properly protected with self-closing, fireproof shutters, and that
all stairway escapes, interior and exterior, be continuous and suit
ably connected with the roof of the building. No fire escape shall
be approved as complying with the provisions of this act, the ma
terial and erection of which are not at least the equivalent of the
minimum specifications promulgated by the State fire marshal as
herein provided. It shall also be the duty of the State fire marshal
to prepare and promulgate minimum specifications for the con
struction of stairways required for buildings two stories in height,
as set forth in section one (1 ) of this act, which stairways may be
constructed of w7ood 01* other material and located on the interior
or exterior of the building, but shall not be required to be inclosed.
S e c . 3. It shall be the duty of the owner entitled to the bene
ficial use, rental, or control; or, if the owner be a nonresident,
the occupant or lessee of any building used or intended to be
used, as described in section one (1 ) of this act, where fire escapes
are required also to provide and maintain, in good condition at all
times, therein proper guide signs and exit lights, which signs and
lights shall be of a sufficient number on each floor to indicate the
location of fire escapes and all entrances thereto. And it shall be
unlawful to obstruct, in any manner whatsoever, any fire escapes
required by the provisions of this act, or any hallway, corridor,
or entrance way leading thereto.
S e c . 4. The State fire marshal shall have general charge and su
pervision of the enforcement of the provisions of this act, and, for
this purpose, it is hereby made ths duty of any inspector under the
jurisdiction of the State fire marshal, or any person authorized
to act in his stead, to assist the State fire marshall in giving
effect to the terms and provisions hereof, and shall be subject to
his direction, and to the rules and regulations adopted for its
enforcement.
S e c . 5. It shall be the duty of the State fire marshal, his deputies,
and subordinates, the chief of the fire department of each city or
village where a fire department is established, or the mayor of a
city or village where no fire department exists, or the justice of'
the peace of a township in territory without the limits of a city
or village, to enter into all buildings and upon all premises within
his jurisdiction for the purpose of the examination of such premises
for violations of this act. And when any building shall be found
which requires the erection of fire escapes, and upon which fire '
escapes have not been erected according to the provisions of this
act, to serve a written notice upon the party or parties whose
duty it is to erect such fire escapes, which notice shall specify
the time within which said fire escapes shall be erected, and which,
in no case, shall be more than ninety days; and said notice shall
be deemed to have been served if delivered to the person to be
notified, or if left with any adult person at the usual residence or
place of business of the person to be notified, or if deposited in the
post office, directed to the last known address of the person to be
notified. In case of buildings within the terms of this act, that
are managed and controlled by a board of trustees, board of
TEXT o r
LA W S---- M O N T A N A .
commissioners, or other governing body, notice may be served on
the president, secretary, or treasurer of such board of trustees,
board of commissioners or other governing body, to cause the erec
tion of fire escapes on said buildings as may be required: Pro
vided, That the occupant or lessee of any building who is required
to erect fire escapes under the provisions of this act shall be
entitled to reimburse himself for the cost and expense of erecting
said fire escapes out of the rent or lease money of said premises,
and such reimbursement shall not be construed to be a breach of
any existing lease, contract, or any covenant thereof, nor grounds
for any action or damages or ouster.
Sec. 6. Any person failing, neglecting, or refusing to comply with
any of the provisions of this act shall be deemed guilty of a mis
demeanor, and shall be punished by a fine of not less than fifty
($50) dollars, nor more than two hundred ($200) dollars, and each
day’s failure to comply with any of the provisions of this act,
after the expiration of the time stipulated in the written notice
provided for herein, shall constitute a separate offense, and it
shall be the duty of the State fire marshal, or any person author
ized to act in his stead, to file complaints for violations of the
provisions of this act in any court of competent jurisdiction within
the county where said violations occur, and it shall be the duty
of the county attorney of such county to forthwith prosecute all
such complaints so filed.
Sec. 7. In addition to other remedies and penalties herein pro
vided, upon the failure of any of the parties charged wTitli the
duty so to do to erect fire escapes in accordance with this law,
the attorney general of the State, or any county attorney of the
county where any such building is located, shall bring an action
against the owner, lessee and occupants of any such building for
an injunction enjoining the further occupancy of such building
until compliance with this act. Such action may be brought in the
county where such building is located.
Approved March 13, 1919.
C h a p te r
177
Violations.
Injunction.
225.— Private employment offices.
S e c tio n 1. The term person, when used in this act, means and
Scope of law.
includes any individual, company, association, or corporation, or
their agents, and the term employment agency means and includes
the business of keeping an intelligence office, employment bureau,
or other agency or office for procuring work or employment for
persons seeking employment where a fee or privilege is exacted,
charged, or received directly or indirectly for procuring or assist
ing to procure employment, work, or a situation of any kind, or
for procuring or providing help for any person, whether such
fee is collected from the applicant for employment or the appli
cant for help, excepting agencies for procuring employment for
school teachers exclusively. The term fee as used in this act
means money or other thing of value, or a promise to pay money
or thing of value.
Sec. 2. N o person shall open, keep, or carry on any such employ License.
ment agency in the State of Montana, unless every such person
shall procure a license therefor from the county treasurer of the
county in which such person intends to conduct such agency.
Such license shall be granted upon the payment to said county
treasurer of a fee of five dollars ($5), annually for such employ
ment agencies.
Contents.
Sec. 3. Every license shall contain the name of the person
licensed, a designation of the city, street, and number of the house
in which the person licensed is authorized to carry on said em
ployment agency, and the number and date of such license.
Sec. 4. The application for such license shall be filed not less than Application.
one month prior to the granting of said license and shall be ac
companied by the affiidavits of two or more persons who have
1 7 5 7 ° — 2 1 ------ 1 2
178
LABOR LEGISLATION OP 1919.
known the applicant or the chief officer thereof, if the applicant
is a corporation, for five years, stating that the said applicant or
officer thereof is a person of good moral character.
Bond.
S e c . 5. The county treasurer of each county shall require such
person to file with his application for a license a bond in due form
to the State of Montana in the penal sum of three thousand ($3,000)
dollars, with two or more sufficient sureties, and conditioned that
the obligor will not violate any of the duties, terms, conditions, pro
visions, or requirements of this act.
Action on bond.
S e c . 6. If any person shall be aggrieved by the misconduct of
any such licensed person, such person may maintain an action in
his own name upon the bond of said employment agent in any court
having jurisdiction of the amount claimed.
Register.
S e c . 7. It shall be the duty of every such licensed person to
keep a register, approved by the county treasurer, in which shall
be entered the date of every application for employment; the name
and address of the applicant; the amount of the fee received. Such
licensed person shall also enter in a separate register, approved by
the county treasurer, the name and address of every applicant for
help, the date of such application, the kind of help requested, the
names of the persons sent, with the designation of the one em
ployed, the amount of the fee received, and the rate of wages
agreed upon. The aforesaid registers of applicants for employ
ment and for help shall be open during office hours to inspection by
the county treasurer.
Fees.
S e c . 8 . The fees charged applicants for any employment shall
not exceed the sum of three dollars ($3). In case the applicant
through no fault, neglect, or refusal of his own shall not obtain help
or employment, through such agency, then such licensed person
shall, on demand, repay the full amount of the said fee, allowing
five days’ time to determine the fact of the applicant’s failure to
obtain help or employment.
.Receipts.
S e c . 9. It shall be the duty of such licensed person to give to
every applicant for employment from whom a fee shall be re
ceived a receipt in which shall be stated the name of said appli
cant, the date and amount of the fee, and the purpose for which it
is paid, and to every applicant for help a receipt stating the name
and address of said applicant, the date and a*nount of the fee, and
the kind of help to be provided. Every such receipt shall have
printed on the back thereof a copy of this section.
Evasions.
S e c . 10. No such licensed person shall receive or accept any valu
able thing or gift as a fee in lieu thereof and no fee shall be ac
cepted by such licensed person for any other purpose directly or
indirectly by any pretense or subterfuge employed to evade the
interest or purpose of this section except as herein provided. No
such licensed person shall divide fees with contractors or other
employees to whom applicants for employment are sent.
Statements.
S e c . 11. Every such licensed person shall give to each applicant
for employment a card containing the name and address of such
employment agency and the written name and address of the per
son to whom the applicant is sent for employment.
A c t t o be
S e c . 12. Every such licensed person shall post in a conspicuous
posted.
place in each room of such agency a plain and legible copy of
this act.
S e c . 13. Whenever such licensed person, or any other acting
Sending labor
ers out of county. for him, agrees to send one or more persons to work as contract
laborers in any one place outside of the county in which such
agency is located, the said licensed person shall file with the
county treasurer, within five days after the contract is made, a
statement containing the following items: Name and address of
the employer, name and address of the employee, nature of work
to be performed, hours of labor, wages offered, designation of the
persons employee!, and terms of transportation.
Immoral r * ■
S e c . 14 . No such licensed person shall send d r cause to be sent
sorts.
any female help as servants or inmates to any questionable place,
or place of bad repute, house of ill fame, or assignation house,
o r to any house or place of amusement kept for immoral purposes.
T E X T
O F
L A W S —
M O Is T A X A ,
179
tlie character of which such licensed person could have ascertained
upon reasonable inquiry.
S e c . 15. No such licensed person shall publish or cause to be Fraudulent adpublished any false or fraudulent notice or advertisement; a ll vertisement*, etc.
advertisements of such employment agency by means of cards,
circulars, or signs, and in newspapers and other publications,
and all letterheads, receipts, and blanks shall contain the name
and address of such employment agency and no such licensed
person shall give any false information, or make any false promise
concerning employment to any applicant who shall register for
employment or help.
S e c . 16. Any violation of the provisions of this act shall con- violations,
stitute a misdemeanor punishable by a fine of not less than one
hundred ($100) dollars, nor more than.five hundred ($500) dollars,
or imprisonment for a period of not more than ninety (90) days,
or by both such fine and imprisonment.
Approved March 21, 1919.
NEBRASKA.
ACTS OF 1919.
C h a p te r 28.— Employment of children— Certificate .
[This chapter amends sections 3581 and 3583 of the Revised
Statutes of 1913. These sections are embodied in their amended
form in Article 3 of Title IV, chapter 190, below.]
C h a p te r 161.— Mediation and arbitration — State board.
[This chapter amends section 3633, Revised Statutes of 1913, by
striking out the provision making the chief deputy commissioner
of labor a member of the board. Section 3634 is amended so as
to read as follows:]
Section 3634. The duty of said board of mediation and investiga
tion shall be as follows: Whenever a strike or lockout occurs in
the State of Nebraska, or when such strike or lockout is seriously
threatened, the board shall, upon request of the governor, or upon
request of the employer or employers at interest, or upon the re
quest of the employees at interest, proceed promptly to the lo
cality of such strike or lockout and endeavor by mediation to effect
an amicable adjustment of the controversy. Whenever the gov
ernor deems it advisable, and a majority of the board concur
therein, the board shall proceed to the locality of such strike or
lockout to inquire into the cause thereof, and for that purpose the
board shall have similar powers to those conferred upon it in
the case of a controversy submitted to it for investigation, by
mutual agreement. The board may hold meetings at any time
within the State, when, for* any purpose pertaining to the duties of
said board, the chairman deems it advisable. Three members of
said board shall constitute a quorum.
Approved April 15, 1919.
Duty of board.
C h a p te r 190.— Civil administrative code— Department of labor.
TITLE I.
A r t i c l e I.
General provisions.
S e c tio n 1. The civil administration of the laws of the State
is hereby vested in the governor. For the purpose of aiding the
governor in the execution and administration of the laws, the
executive and administrative work shall be divided into several
departments enumerated in section 2 of this article.
Sec. 2. There are hereby created and established the following
departments of the State government. * * * The department
of agriculture; the department or labor; the department of trade
and commerce; * * *
Sec. 3. To aid the governor in carrying out the constitutional
duties vested in him as the supreme executive, each department
shall have a departmental.officer who shall be known as “ secre
tary,” who shall, subject to the provisions of this act, and under the
general direction of the governor, execute the power and dis
charge the duties vested by law in his respective department.
Such officers shall be designated as follows: * * * The secre
tary of agriculture, for the department of agriculture; the secre-
Power of gov-
Departments.
Secretaries.
181
182
L A B O R
Salaries.
L E G IS L A T IO N
O F
1919.
tary of labor, for the department of labor; the secretary of trade
and commerce, for the department of trade and commerce; * * *
Sec. 4. The secretaries of the respective departments created
by this article shall receive annual salaries in monthly or yearly
periods as follows: * * * The secretary of agriculture shall
receive $5,000; the secretary of labor shall receive $5,000; the
secretary of trade and commerce shall receive $5,000. * * *
*
*
*
*
*
T IT L E III.
A r tic le
XI.
Inspection and regulation of bakeries.
Violations.
[Section 2598-2607. Revised Statutes, 1918, are included under
this article under the administration of the department of agri
culture. A new section is added as follows:]
Sec. 11 Any person violating any of the provisions of tins
article, shall be guilty of a misdemeanor and, lapon conviction
thereof, shall be fined in a sum not exceeding one hundred ($14)0)
dollars or imprisonment in the county jail not exceeding three
months.
TITLE IV.
A r tic le
I.
Department of labor— General potoerg.
S e c t i o n 1. The governor, through the agency of the depart
ment of labor created by this act, shall have the power:
Functions.
1 . To foster, promote, and develop the welfare of wage earners;
2 . To improve working conditions ;
3. To advance opportunities for profitable employment;
4. To collect, collate, assort, systematize, and report statistical
details relating to all departments of labor, especially in its rela
tion to commercial, industrial, social, economic, and educational
conditions, and to the permanent prosperity of the manufacturing
and productive industries;
5. To require and diffuse useful information on subjects con
nected with labor in the most general and comprehensive sense of
the word;
6. To acquire and diffuse among the people useful information
concerning the means of promoting the material, social, intellec
tual, and moral prosperity of laboring men and women;
7. To acquire and diffuse information as to the conditions of
employment and such other facts as may be deemed of value to
the industrial interests of the S tate ;
8. To acquire and diffuse information in relation to the preven
tion of accidents, occupational disease, and other related subjects;
Workmen’s com'
9 . To administer and enforce the workmen’s compensation laws
pensation, etc.
or employers’ liability acts of the State, and for that purpose the
secretary of the department of labor shall be the deputy com
missioner of labor and compensation commissioner, and the duty
hereby imposed upon him, as such, of executing all of the pre
visions of Article VIII, chapter 35, Revised Statutes of Nebraska,
for the year 1913, and any and all act or acts amendatory thereof.
A r tic le
II.
Employment regulations.
Law
ment.
enforce
S e c tio n 1. In addition to the general pow ers conferred upon
the governor in the preceding article, lie is hereby invested with
the power and charged with the duty of enforcing, through the
agency of the department of labor created by this act, all of the
183
TEX T OF LA W S---- NEBRASKA*
provisions contained in this article and all provisions which may
be hereafter enacted as amendatory thereof.
S e c . 2. The department of labor shall establish and maintain
Free empioyin its office and in connection therewith a free public employmentment °^cesbureau.
S e c . 3 . It shall be the duty of every agent, proprietor, superin*
Seats for $etendent, or employer of female help within the State of Nebraska malesto provide a chair, stool, or seat for each and every such employee,
upon which their female workers shall be allowed to rest when
their duties will permit, or when said position does not interfere
with the faithful discharge of their duties.
S e c . 4. A n y a g e n t, p ro p rie to r, su p e rin te n d e n t, or e m p lo y e r in the
Same.
State of Nebraska failing to comply with the requirements of The
preceding section shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not less than ten ($1 0 )
dollars nor more than tw o hundred ($200) dollars and stand com
mitted until such fine be paid, and shall also be liable to an action
for damages to the employee whose health has been injured by
such neglect.
S e c . 5. In m e tro p o lita n c itie s a n d c itie s o f th e first c la s s no t'eHoure of labor
m a le shall be e m p lo y e d in a n y m a n u fa c tu r in g , m e c h a n ic a l, or mer-of
ca n tile e s ta b lish m e n t, la u n d r y , h o te l o r re s ta u r a n t, office or by an y
pu b lic se rv ic e c o rp o ra tio n in th is S ta te m o re th a n n in e h o u rs d u r
in g a n y one d a y or m o re th a n f ifty -fo u r h o u rs in one w e e k .
The
h o u rs o f each d a y m a y b e so a r ra n g e d a s to p e rm it the e m p lo y m e n t
o f su c h fe m a le a t a n y tim e fr o m s ix o ’c lock a. m . to ten o ’ clock p. m .,
Night work,
b u t in no c a se sh a ll su ch e m p loy m en t e x c e e d n in e h o u rs in an y one
d a y , n o r s h a ll su c h fe m a le be e m p lo y e d , e x c e p t b y p u b lic se rvice
co rp o ra tio n s, b e tw e e n th e h o u rs o f 10 p. m . an d 6 a. in.
S e c . 6 . Every such employer shall post, in a conspicuous place
Schedule to be
in every room where such females are employed, a printed notice posted,
stating the number of hours of work required each day, the hours
of commencing and stopping, the time allowed for meals. Printed
forms for such notices shall be furnished by the department.
S e c . 7 . Any employer, overseer, superintendent, or other agent
violations,
of any such employer who shall violate any of the provisions of the
next two preceding sections, shall upon conviction, be fined for each
offense in a sum not less than twenty ($20) dollars nor more than
fifty ($50) dollars.
[Sections 8 to 11, inclusive, relate to union labels. They are t-ufoo labels,
declared lawful, and provision is made for recording them in the
office of the department of labor and protecting them against in
fringement or wrongful use.]
S e c . 12. Whenever any employee o f any public service corpora- Sernce letters,
tion or of a contractor who works for such corporation or contractor
doing business in the State of Nebraska shall be discharged or
voluntarily quits the service of his employer, it shall be the
duty of the superintendent or manager, or contractor, upou the
request of such employee, to issue to such employee a service
letter, setting forth the nature of the service rendered by such
employee to such corporation or contractor, and the duration
thereof, and truly stating the cause for which such employee was
discharged or quit such service.
S e c . 13. Such letter shall be written in its entirety upon a plain
Formsheet of white paper to be selected by such employee. No printed
blank shall be used, and if such letter be written on a typewriter,
it shall be signed with a pen and black ink, and immediately be
neath the signature shall be affixed the official stamp or seal of
such superintendent, manager, or other official of such corpora
tion, or contractor, in an upright position. There shall be no
figures, words, or letters used upon such piece of paper except
such as are plainly essential either in the date line or address
or the body of the letter or the signature and seal or stamp
thereof, and no such letter shall have any picture, imprint, char
acter, design, device, impression, or mark, either in the body or
the face or back thereof.
LABOR LEGISLATION OF 1919.
184
Failure to
sue.
Sec. 14. If any superintendent, manager, or contractor shall
fail or refuse to issue such letter to such employees [on] request,
or willfully fail, or negligently refuse to give such letter, or fail
to state the facts therein correctly, he shall, upon conviction, be
punished by a fine of not less one hundred ($100) dollars, nor
more than five hundred ($500) dollars, for each offense, or by
imprisonment in the county jail for a period of not less than one
month and not more than one year.
A e tic le
III.
Employment of children.
Age limit.
Certificates.
Return.
Enforcement.
Approval.
1. No child under fourteen years of age shall be em
ployed, permitted, or suffered to work in, or in connection with
any theater, concert hall, or place of amusement, or in any mer
cantile institution, store, office, hotel, laundry, manufacturing
establishment, bowling alley, passenger or freight elevator, factory
or wrork shop, or as a messenger or driver therefor within this
State. No person, firm, or corporation shall employ any child
under fourteen years of age in any business service whatever
during the hours when the public schools of the school district
in which the child resides are in session.
Sec. 2. No child between fourteen and sixteen years of age
shall be employed, permitted, or suffered to work in any theater,
concert hall or place of amusement, or in any mercantile institu
tion, store, office, hotel, laundry, manufacturing establishment,
bowding alley, passenger or freight elevator, factory or workshop,
or as a messenger or driver thereof, within this State, unless
the person or corporation employing him procures and keeps on
file and accessible to the truant officers of the city, the department
of labor, and its assistants and employees, an employment certifi
cate as hereinafter prescribed and keeps two competent lists of
all such children employed therein, one on file and one conspic
uously posted near the principal entrance of the building in which
such children are employed. Upon the termination of the employ
ment of a child so registered, and whose certificate is so filed,
such certificate shall be forthwith transmitted by the employer
to the city or county superintendent of schools of the county in
which the child resides, and shall be turned over to the child
named therein upon demand. Any truant officer, the department
of labor or its assistants and employees may make demand on
any employer in whose place of business a child apparently under
the age of sixteen years is employed, or permitted, or suffered
to work, and whose employment certificate is not then filed as
required by this section, that such employer shall either furnish
him, within ten days, evidence satisfactory to him that such
child is in fact over sixteen years of age, or shall cease to employ
or permit or suffer such child to work in such place of business.
The same evidence of the age of such child may be required from
such employer as is required on the issuance of an employment
certificate as hereinafter provided, and the employer furnishing
such evidence shall not be required to furnish any further evidence
of the age of the child. In case such employer shall fail to pro
duce and deliver to the truant officer or the secretary of labor
within ten days after demand for the same, such evidence of
the age of any child as may be required of him under the provisions
of this article and shall thereafter continue to employ such child
or permit or suffer such child to work in such place of business,
proof of the giving of such notice and of such failure to produce
and file such evidence shall be prima facie evidence in any prose
cution brought for a violation of this section, that such child is
under sixteen years of age and is unlawfully employed.
Sec. 3. An employment certificate shall be approved only by the
superintendent of schools of the school corporation in which the
child resides, or by a person authorized by him in writing, or where
there is no superintendent of schools by a person authorized by the
school district officers: Provided, No school district officer or
S e c tio n
TEX T OF LA W S---- NEBRASKA.
other person authorized as aforesaid shall have authority to ap
prove such certificate for any child then in, or about to enter, his
own employment, or the employment of a firm or corporation of
which he is a member, officer, or employee, or in whose business he
is interested. The officer or person approving such certificate shall
have authority to administer the oath provided for therein or in
any investigation or examination necessary for the approval there
of. No fee shall be charged .for approving any such certificate nor
for administering any oath or rendering any services therein in
respect thereto. The board of directors of such school corporation
shall establish and maintain proper records where copies of all such
certificates and all documents connected therewith shall be filed
and preserved, and shall provide the necessary clerical services for
carrying out the provisions of this article.
Sec. 4. The person authorized to issue an employment certificate
shall not issue such certificate until he has received, examined, ap
proved and filed the following papers duly executed: The school
record of such child, properly filled out and signed as provided in
this article, showing the child has completed the work of the eighth
grade of the public schools, or its equivalent, or is regularly at
tending night school in compliance with this article; a passport
or duly attested transcript of the certificate of birth or baptism, or
other religious or official record showing the date and place of
birth of such child. A duly attested transcript of the birth cer
tificate filed according to law with a register of vital statistics, or
other officer charged with the duty of recording births, shall be
conclusive evidence of the age of such child. The affidavit of the
parent, or guardian, or custodian of a child which shall be required,
however, only in case none of the documents mentioned above can
be produced and filed, showing the place and date of birth of such
child, which affidavit must be taken before the officer issuing the
employment certificate. Such employment certificate shall not be
issued until such child has personally appeared before, and been
examined by, the officer issuing the certificate, and until such
officer shall, after making such examination, sign and file in his
office a statement that the child can read and legibly write simple
sentences in the English language and that, in his opinion, the child
is fourteen years of age, or upwards, and has reached the normal
development of a child of its age, and is in sound health and is
physically able to perform the work which it intends to do. In
doubtful cases such physical fitness shall be determined by a physi
cian provided by the department of labor. Whenever the person
authorized to issue the employment certificate is in doubt about the
age of a child, he may require the party or parties making applica
tion for the certificate to appear before the judge of the juvenile
court, or the county judge where the question of the age of the
child shall be determined and the judgment of the court shall be
final and binding upon the person issuing the certificate. Notice of
the hearing before the court shall be given to some one of the per
sons authorized to demand inspection of employment certificates.
Every employment certificate shall be signed in the presence of the
officer issuing the same by the child in whose name it is issued.
185
Evidence,
Physical fitness,
S e c . 5. S u c h c e rtifica te sh a ll s ta te th e d a te a n d p la ce o f b irth
c °ntents °f cero f su c h ch ild a n d d e sc rib e th e c o lo r o f th e h a ir an d eyes, th e 1 ca es’
h e ig h t an d w e ig h t, a n d a n y d istin g u ish in g f a c ia l m a r k s o f such
ch ild a n d th a t th e p a p e r s req u ired b y th e p re c e d in g section h a v e
been d u ly e x a m in e d , ap p ro v e d , an d filed, an d th a t th e child n a m e d
in su ch c e rtifica te h a s a p p e a re d b e fo re th e officer sig n in g th e ce r
tifica te an d b een e x a m in e d .
S e c . 6. The school record shall be signed by the teacher and School record,
principal of the school which such child has attended and shall
be furnished on demand to a child entitled thereto. It shall
contain a statement certifying that the child has regularly at
tended the public schools, or schools equivalent thereto, or
parochial schools for not less than three-fourths of the school
year prior to his arriving at the age of fourteen years, or during
the year prior to applying for such school record, and is able to
186
LABOR LEGISLATION OF lOlf*.
read and write simple sentences in the English language. It
shall also state the amount of work completed by such child,
measured by the grade of the public day schools in the city 01
county. Such school record shall also give the age and residence
of the child as shown on the records of the school, and the name
of its parent or guardian or custodian.
Duplicates to be
S e c . 7. The superintendent of public schools in all cities and
furnished.
towns having a population of more than one thousand ( 1 ,000)
according to the last official census, and the presiding officer of
all other school boards shall furnish a duplicate copy of all cer
tificates issued under the provisions of this article to the depart
ment of labor. The duplicate certificates as to form are set
forth in section 3593 [3583— see sec. 9] of this article, and must
be filed with the department of labor at the time of the issuance
of the original certificate.
E v e n i n g
S e c . 8 . Regular attendance of a child at any public evening
bcliools.
school, maintained in any city or village where instruction is
given not less 'than twenty wreeks each year, and three evenings
each week, and two hours each evening, shall authorize the
issuance of a certificate of employment where the schooling
certificate fails to show that the child has completed the work
of the eighth grade, if the schooling certificate and all other cer
tificates are otherwise is [in] due form, and the applicant further
produces a certificate from the superintendent or principal of such
public evening school, showing the regular attendance of such
child at such evening school, and if the child employed under such
certificate shall furnish to his employer a weekly certificate show
ing regular attendance each week while the evening school is in
session. Whoever employs a child in violation of the provisions
of this article shall, on conviction, be fined not more than fifty
($50) dollars for each offense. A parent, guardian, or custo
dian who permits a child under his control to be employed in
violation of the provisions of this article shall, on conviction,
be fined not more than twenty ($20) dollars.
Forms.
S e c . 9 . The age and schooling certificate provided for herein
sliail be made out upon blank forms furnished in triplicate by
the department and shall be in the following form:
SCHOOL ATTENDANCE CERTIFICATE.
---------------------------------------------------------------------------- , Nebraska,
(Name of school)
________________
(City or town)
,19___
(D a te )
This certifies that_______________________ has completed
(Name of child)
the work of t h e _______ th grade, can read and write legibly
simple sentences in the English language.
This also certifies that according to the records of this school
and in my belief, the_______________________ was born
(Name of child)
a t ----------------------------- i n ------------------------------ county, State of
(City
op
town)
_______________ on
th e________________ and
is
now
(Date)
_______ years and-------------- months old, and has attended said
school within the past twelve months the following period______
(Name of parent or guardian)
(Residence)
(Signature.)
_______________________
(Signature.)
--------------------------------------------
{Teacher)
(Principal)
AGE AND SCHOOLING CERTIFICATE.
________________ * Nebraska, _______________ _ 19___
(City or town)
(Date)
This certifies that I am the--------------------------------------------------(E ith er, mother, guardian «r custodian)
©f_____________________________ and that__— was born
(Name of child)
TEXT O F £ a \YS ---- N EBRASKA.
at _______________ , in________________County, State of
____ _________ _____ on th e ---____ ______ _____ and is now
_______ years-..______ months old.
(S ig n a tu re o f fath er, m other, gu ardian or cu sto d ian )
________________ _________ , N e b r a s k a ,____________ - ________________ , 1 9 ____ (N a m e o f city or to w u )
(D a te d )
T h e r e p e r s o n a lly ap p e a re d b e fo re m e th e a b o v e n a m e d _________ ______________________________ a n d b e in g sw o rn te stifie d th a t th e fo r e
n a m e o f person sign in g )
g o in g c e rtifica te b y __________________________________ - _____ s ig n e d is tru e
(him or her)
to th e b est o f __________ k n o w le d g e or b elief.
(liis or her)
I h e re b y ap p ro v e tlie fore g o in g c e rtifica te o f _______________,___
(N a m e o f child*
______________________, h e ig h t____________ _ f e e t , ______________in ch es, w e ig h t
_____________ p ou n d s,
________________ ou n ce s,
c o m p le x io n ______________,
(fa ir or dark)
h a ir ______________________ e y e s —______________________
(color)
"
h a v in g no sufficient
(color)
reaso n to d ou b t t h a t _____________ is o f th e age h e re in c ertified .
(he
or
I
she)
hereb y c e r tify t h a t ___________ .________________ read a t sig h t a n d _________ (h e or she can, can n o t)
_____________ w r ite le g ib ly sim p le se n te n c e s in th e E n g lis h la n g u a g e ,
th a t sa id ch ild h a s ap p e a re d b e fo r e m e an d been p e rs o n a lly e x
a m in e d b y m e ; th a t a ll c e rtifica te s a n d p a p e r s re q u ired b y la w
h a v e , in due fo r m , b een p re se n te d to, an d a p p ro v e d b y m e, and
th e sa m e h a v e b een p la ce d on file.
( I n case th e ch ild is a tte n d in g school in se rt h ere tlie f o l
lo w in g :)
I f u r th e r c e r tify th a t _____________ is r e g u la r ly a tte n d in g the
(h e or she)
(Name of school)
This certificate shall continue in force only so long as the
regular attendance of said child at said school is certified weekly
by a teacher thereof.
This certificate belongs t o ________________________ anil
(Name of child*
is to be surrendered to the superintendent of schools -whenever
_______ leaves the service of the person, firm, or corporation
(H e or she)
holding the same as employer.
(S ig n a tu re and official title o f persons au th orized to approve and sign i
P la c e e m p l o y e d _____________________________________ _____ A u th o r ity f o r
a g e ________________
Hours________________
Certificate valid until________________________
EVENING
SC H O O L ATTENDANCE
C E R T IF IC A T E .
This certifies t h a t_______________________ is registered
(N a m e o f ch ild)
in and regularly attends t h e _______________ evening school.
This also certifies that according to the records of my school and
in my belief __ ______________ .______ was born at
(N a m e of ch ild)
_________ _______ on t h e _____ -_______ day o f ________
(Name of city or town)
_______________ _ 19___ and is n o w ________ old.
(Name of parent or guardian.)
(S ign atu re of teacher.)
(S ign atu re of principal.)
Duplicate copies of such certificates shall be retained in all cases
by the person or officer issuing the same and kept on file by the
superintendent of schools or school district directors of the county
in which the same are issued.
188
LABOR LEGISLATION OF 1S)19.
Sec. 10. No person under tlie age of sixteen years shall be em
ployed or suffered or permitted to work in any theater, concert hall
or place of amusement, or in any mercantile institution, store, office,
hotel, laundry, manufacturing establishment, packing house, bowl
ing alley, passenger or freight elevator, factory, workshop, beet
field, or as a messenger or driver, more than eight hours in any one
day, nor before the hour of 6 o’clock in the morning, nor after the
Night work.
hour of 8 o’clock in the evening. Every employer shall post in a con
spicuous place in every room where such children are employed a
printed notice stating the hours required of them each day, the
hours of commencing and stopping work, and the time allowed for
meals. The printed form of such notice shall be furnished by the
department of labor.
Violations.
S e c . 11. Whoever employs a child under sixteen years of age and
whoever, having under his control a child under such age, per
mits such child to be employed in violation of this article shall for
each offense be fined not more than fifty dollars; and whoever con
tinues to employ any child in violation of either or any section of
this article, after being notified by a truant officer, or by the de
partment of labor or by its assistants or employees, shall for every
day thereafter that such employment continues be fined not less
than five ($5) dollars nor more than twenty ($20) dollars. The
failure of an employer of child labor to produce, upon request of a
person authorized to demand the same, any employment certificate
or list required by this article shall be prima facie evidence of the
illegal employment of any child whose employment certificate is not
produced or whose name is not listed. Any corporation or em
ployer retaining employment certificates in violation of this article
shall be fined ten ($10) dollars. Every person authorized or re
quired to sign any certificate or statement prescribed by this article,
or who knowingly certifies or makes oath to any material false
statement therein or who violates any of the provisions of this
article, shall be fined not to exceed fifty ($50) dollars. Every per
son, firm or corporation, agent or manager, superintendent or fore
man of any person, firm, or corporation who shall refuse admittance
to any officer or person authorized to visit or inspect any premises
or place of business under the provisions of this article and to pro
duce all certificates and lists he may have, when demanded, after
such person shall have announced his name and the office he holds
and the purpose of his visit, or shall otherwise obstruct such officers
in the performance of their duties as prescribed by this article,
shall be guilty of a misdemeanor and, upon conviction, shall be
fined in any sum not exceeding fifty ($50) dollars, or be imprisoned
not to exceed thirty days.
Evidence.
S e c . 12. The presence of a child under sixteen years of age, ap
parently at work, in any of the places of business enumerated in
this article shall be prima facie evidence of his employment therein.
Truant officers shall visit the places of business enumerated in this
article to ascertain whether any children are employed therein con
trary to the provisions of this article, and they shall report any
cases of such illegal employment to the department of labor and to
the county attorney.
Dangerous oc
S e c . 13. No child under the age of sixteen years shall be em
cupations.
ployed in any work which by reason of the nature of the work, or
place of performance, is dangerous to life or limb, or in which its
health may be injured or its morals may be depraved. Any par
ent, guardian, or other person, who, having under his control any
child, causes or permits such child to work or be employed in vio
lation of this section shall be fined not more than fifty ($50) dollars
or be imprisoned not exceeding ten days.
Hours of labor.
A
r t ic l e
IV .
Health and safety regulations.
Water - closets,
se.
1. Every factory, mill, workshop, mercantile or mechani
cal establishment, or other building where one or more persons are
employed shall be provided within reasonable access with a suffl-
S e c tio n
TEXT OF LA W S— NEBRASKA;
cient number of water-closets, earth closets, or privies for the rea
sonable use of persons employed therein, and whenever male and
female persons are employed as aforesaid together, water-closets,
earth closets, or privies separate and apart shall be provided for
the use of either sex, and plainly so designated, and 110 person shall
be allowed to use such closet or privy assigned to the other sex.
Such closet shall be properly enclosed and ventilated and at all
times kept in a clean and sanitary condition. When the number
employed is more than twenty of either sex, there shall be provided
an additional closet for each sex up to the number of forty and
above that number in the same ratio. The department of labor or
any person authorized by the department may require such changes
in the placing of such closets as the department may deem neces
sary and may require other changes which may serve the best in
terest of morals and sanitation.
Sec. 2. In factories, mills, or workshops, mercantile or mechani
cal establishments, or other places where the labor performed by
the operator is of such a character that it becomes necessary to
change the clothing, wholly or in part, before leaving the building
at the close of the day’s work, separate dressing rooms shall be
provided for females whenever so required by the department of
labor. It shall be the duty of every occupant, whether owner or
lessee of any such premises used as specified by this article, to
make all the changes and additions thereto. In case such changes
are made upon the order of the department of labor, to the lessee
of the premises, the lessee may at any time within thirty days after
the completion thereof, bring an action against any person or cor
poration or partnership having interest in such premises, and may
recover such proportion of expenses of making such changes and
additions as the court adjudges should justly and equitably be borne
by such defendant.
Sec. 3. If in any of the aforesaid places, any process is carried
on by which dust or fumes are caused, which may be inhaled by the
persons employed therein, or if the air should become exhausted
or impure, there shall be provide a fan or other such mechanical
device as will substantially carry away all such dust or fumes or
other impurities, subject to the approval of the department of
labor.
S e c . 4 . All of the aforesaid places shall be k e p t clean and free
from effluvia arising from any drain, privy, or nuisance, and shall
be ventilated and kept in a sanitary condition. The department
of labor or any person authorized by the department may require
such changes or additions to be made in any of the aforesaid places
as will promote the best measures of sanitation.
Sec. 5. All persons, companies, or corporations operating any
factory or workshop where grinding wheels or grinding machines,
emery wheels, or emery belts of any description are used, either
solid emery, leather covered, felt, canvas, linen, paper, cotton, or
wheels or belts rolled or coated with emery or carborundum or
cotton wheels used as buffs, shall, when deemed necessary by
the department of labor, provide such wheels or belts with blow
ers or similar apparatus, which shall be placed over, beside, or
under such wTheels or belts in such manner as to protect the
person or persons using the same from particles of dust produced
and caused thereby, and to carry away the dust arising from or
thrown off by such wheels or belt while in operation directly to
the outside of the building or to some receptacle placed so as to
receive and confine such dust: Provided , Grinding machines upon
which water is used at the point of grinding contact and other
wheels used for tool grinding shall be exempt from the provisions
of this article.
S ec . 6. N o emery wheels or grindstones in any factory, mill, or
workshop shall be used when known to the person using the same
to be cracked or otherw ise defective, nor operated at a greater
speed than indicated or guaranteed by the m anufacturer o f such
emery wheel or grindstone.
189
Dressing rooms.
Fans.
Ventilation.
Blowers.
Grindstones.
190
L A B O R
L E G IS L A T IO N
O F
1919.
s Ec. 7, Each and every emery wheel and grindstone shall be
fitted with a sheet or cast iron hood or hopper, of such form so
adjusted that the dust or refuse therefrom will fall or be thrown
into such hood or hopper by centrifugal force, and be carried oft’
by the current of air into a suction pipe.
Suction pipes.
S e c . 8. Every such wheel six inches or less in diameter shall
be provided with a three-inch suction pipe; wheels six inches to
twenty-four inches in diameter, with four-inch suction pipe;
wiieels from twenty-four inches to thirty-six inches in diameter,
with five-inch suction pipe; and every wheel exceeding thirty-six
inches in diameter shall be provided with a suction pipe not less
than six inches in diameter. The suction pipe from each wheel
shall be of full size to its terminus, and a suction pipe to which
smaller pipes are attached shall, in its capacity, be equal to the
combined capacities of ay smaller pipes attached thereto, and the
discharge pipe shall be of as large capacity as, or larger capacity
than, the combined capacities of all the suction pipes.
Guards.
S e c . 9. Every person operating a plant where machinery is
used, shall provide such guards, boxing, screens, or other appli
ances as will protect employees against injury from belting, shaft
ing, gearing, elevators, drums, saws, cogs, electric currents, molten
metal or hot liquid. He shall also furnish and supply belt shift
ers which can be operated from the floor. All exposed cogs or
gears shall be enclosed in metal casings or woven wire screens;
protruding set screws in collars, and couplings of shaftings or
other revolving machinery shall be countersunk or covered with
metal boxing; pulleys, belts, and projections of or from ends
of shaftings shall be protected by boxing or inclosing with metal
or other suitable material. Belts shall not rest on shafting in
motion, but rest hooks shall be provided to hold belting free there
from. Roll guards shall be placed on roll feed machines fed by
hand at the point where the material is fed and a device for
instantly stopping the machine by the hand or foot shall also be
provided within reach of the operator when operating the machine.
Screens.
S e c . 10. A metal or other suitable screen shall be placed around
each laundry extractor or other exposed high-speed revolving
machinery.
Wood planers,
S e c . 11. Wood planers, wood shapers, swing saws, equalizing
€te*
saws, circular heading jointers, wood polishers, buzz planers,
lathe bolters, and all similar machinery shall be equipped wTith
requisite safety appliances.
Approval.
S e c . 12. All safety appliances prescribed by this article shall be
subject to the approval of the department of labor.
Electric
Sec. IB. Signs or indicating lamps shall be placed at all switches,
switches.
in electric light and power plants or other places where highpressure currents are used, to show whether the current is on or
off the circuit. When current is turned off a circuit for repair, the
switch shall first be tagged, the tag bearing the name of the
person for whom it is turned off. The tag shall not be removed
or the current turned on until the person for whom it was tagged
shall notify the operator that his work has ceased.
Elevators.
S e c . 14. Every elevator, whether freight or passenger, shall be
equipped with a speed-governor safety device and with gates
or doors to be not less than five feet in height, and all freight
elevators shall be equipped with a signal or gong.
Entering boilgEc. 15. Where a number of boilers deliver to a common steam
ersmain, they shall be equipped with a shut-off or throttle valve for
each boiler to take it out of service for repairs and inspection
necessitating the entry therein of workmen. A metal shield shall
be constructed covering the hand wheel of the valve, hinging in
the center and containing hasp and hook. The shield shall be
painted red and marked with the words, “ Man in Boiler.” The
workman shall be allowed to retain key in his possession while in
said boiler.
Fire escapes.
Sec. 16. Every factory or other institution, more than two
stories in height, shall be equipped with outside fireproof iron
stairways, chutes, or toboggans; and one automatic fire escape
Hoods.
T E X T
O F
L A W S —
N E B R A S K A .
131
for every fifteen persons working or congregating therein at any
time, who, for any reason, are unable to reach or use the outside
fireproof stairways, chutes, or toboggans.
S e c . IT. Every person operating a plant where machinery is Accidents to be
used shall report in writing to the department of labor all fatalrep
accidents within forty-eight hours after their occurrence, and all
other accidents within two weeks after their occurrence. Such
report shall state fully the cause of the accidents, the nature
and extent of the injuries, and the probable loss of time which
will result therefrom.
S e c . 18. Every person operating a plant where machinery is
violation*
used who shall violate any of the provisions of this article, shall
be liable in damages to any person injured, as a result thereof,
or to the heirs of any person who shall have died as a result
thereof.
Sec. 19, The continuance by any person in the employ of any Assumption of
such operator shall not be deemed an assumption of the risk o fnskssuch employment.
Sec, 20. Every person who shall violate any of the provisions Penalty,
of this article shall be guilty of a misdemeanor and shall, on con
viction thereof, be fined in any sum not less than ten ($10 ) dollars
nor more than one hundred ($100) dollars.
Sec. 21. All scaffolds, hoists, cranes, stays, ladders, supports, or Scaffolds, ete.
other mechanical contrivances used in the erection, repairing,
alteration, removal, or painting of any house, building, bridge,
viaduct, or other structure, shall be erected and constructed in a
safe, suitable, and proper manner. Scaffolding or staging, swung
or suspended from an overhead support and more than twenty
feet from the ground floor, shall have, where practicable, a safety
rail properly bolted, secured, and braced, raising at least thirtyfour inches above the floor or main portion of such scaffolding or
staging, and extending along the entire length of the outside and
ends thereof and properly attached thereto, and such scaffolding
and staging shall be so fastened as to prevent the same from sway
ing from the building or structure.
Sec. 22. If in any house, building, or structure in process of Floors,
erection or construction except a private barn, or a private house,
the distance between the enclosed walls is more than twenty-four
feet in the clear, there shall be built, kept, and maintained proper
intermediate supports for the joists, which supports shall be either
brick walls or iron or steel columns, beams, trusses, or girders.
The floors in all such houses, buildings, or structures s h a ll be Construction
capable of bearing in all their parts, in addition to the weight™**
of the floor construction, partitions and permanent fixtures and
mechanisms that may be set upon the same a live load of fifty
pounds for every square foot of floor surface.
S ec . 23. The owner of every house, building, or structure, except Loading,
a private barn or private house, shall affix and display conspicu
ously on each floor of such building during construction, a placard
stating the load per square foot of floor surface which may, with
safety, be applied to the particular floor during construction; or
if the strength of different parts of any floor varies, then there
shall be placards for each varying part of such floor. It shall
be unlawful to load any such floors or any part thereof to a
greater extent than the load indicated on the placard, and all such
placards shall be verified and approved by the department of
labor or other proper authority in the city or village charged with
the enforcement of building laws.
S e c . 24. Whenever it shall come to the notice of the department Inspection,
of labor or the local authority in any city or village of this State
charged with the duty of enforcing the building laws that the
scaffolding or the slings, hangers, blocks, pulleys, stays, braces, lad
ders, irons or ropes of any swinging or stationary scaffolding, plat
form or other similar device used in the construction, alteration,
removing, repairing, cleaning, or painting of buildings, bridges or
viaducts within this State are unsafe, or liable to prove dangerous
to the life or limb of any person, the department of labor or such
192
LABOR LEGISLATION OF 1910.
local authority or authorities shall immediately cause an inspec
tion to be made of such scaffolding, platform or device, or the slings,
hammocks, blocks, pulleys, stays, braces, ladders, iron, or other
parts connected therewith. If after examination such scaffolding,
platform or device, of any such parts, is found to be dangerous to
the life or limb of any person, the department of labor or such local
authority shall at once notify the person responsible for its erec
tion or maintenance, of such fact and warn him against the use,
maintenance or operation thereof, and prohibit the use thereof, and
require the same to be altered and reconstructed so as to avoid
Notice.
such danger, Such notice may be served personally upon the per
son responsible for its erection or maintenance or by conspicuously
affixing it to the scaffold, platform or other such device, or the part
thereof declared to be unsafe. After such notice has been so
served or affixed the person responsible therefor shall cease using
and immediately remove such scaffolding, platform or other device
or part thereof, and alter or strengthen it in such manner as to
render it safe. The department of labor, or such local authority,
whose duty it is, under the terms of this article, to examine or
test any scaffolding, platform, or other device, or part thereof, re
quired to be erected and maintained by this section, shall have
free access at all reasonable hours to any building or structure or
premises containing such scaffolding, platform or other similar de
vice, or parts thereof, or where they may be in use. All swing
ing and stationary scaffolding, platforms or other devices shall be
so constructed as to bear four times the maximum weight required
to be dependent thereon, or placed thereon when in use, and such
swing, scaffolding, platform, or other device shall not be so over
loaded or crowded as to render the same unsafe or dangerous.
folds.COndaiT BCaf
^EC*
Any Person employing or directing another to perform
labor of any kind in erecting, altering, repairing or painting of
any wrater pipe, standpipe, tank, smokestack, chimney, tower,
steeple, pole, staff, dome, or cupola when the use of any scaffold
ing, staging, swing, hammock, support, temporary platform or
other similar contrivance is required or used in the performance
of such labor shall keep and maintain at all times, while such
labor is being performed and such mechanical device is in use or
operation, a safe and proper scaffold, stay, support, other suitable
device, not more than sixteen feet below such working scaffold,
staging, swing, hammock, support, or temporary platform, when
such work is being performed at a height of thirty-two feet or
pi
more.
filled°in!ng
^ec. 26. All contractors and owners, wThen constructing build
ings where the plans and specifications require the floors to be
arched between the beams thereof, or where the floors or filling
in between the floors are fireproof material or brick work, shall
complete the flooring or filling in as the building progresses, to
within at least two tiers or beams below that on which the iron
work is being erected. If the plans and specifications of such
building do not require filling in between the beams of floors
with brick or fireproof material, all contractors for carpenter
work in the course of construction shall lay the under flooring
thereof, or a safe temporary floor on each story as the building
progresses to within at least two stories or floors below the story
where the work is being performed. If the floor beams are of iron
or steel the contractors for the iron or steel work of buildings in
the course of construction or the owners of such buildings, shall
thoroughly plank over the entire tier or (of) iron or steel beams
on which the structural iron or steel work is being erected, except
such spaces as may be reasonably required for the proper construc
tion of such iron or steel work and for the raising and lowering
of materials to be used in the construction of buildings, or such
spaces as may be designated by the plans and specifications for
stairwTays and elevator shafts.
Hoist shaft®.
gEC 27 . If elevating machines or hoisting apparatus are used
within a building in the course of construction for the purpose of
lifting materials to be used in such construction, the contractors
TEXT OF LA W S— N EBRASKA.
193
or owners shall cause the shafts or openings in each floor to be
inclosed or fenced in 011 all sides by a substantial barrier of rail
ing at least eight feet in height. Any hoisting machines or engines
used in such building construction shall, where practicable, be
set up or placed on the ground, and where it is necessary in the
construction of such building to place such hoisting machine or
engine on some floor above the ground floor, such machine or
engine must be properly secured and supported with a foundation
capable of safely sustaining twice the weight of such machine or
engine. If a building in course of construction is five stories or
more in height, no material needed for such construction shall be
hoisted or lifted over public streets or alleys unless such street
or alley shall be barricaded from use by the public. The chief
officer in any city or village charged with the enforcement of local
building laws and ordinances shall cooperate with the department
of labor in enforcing the provisions of this article.
S e c . 2 8 . If elevating or hoisting apparatus, operated or conSignals,
trolled by other than hand power, are used in the construction,
alteration, or removal of any building or other structure, a com
plete and adequate system of communication by means of signals
shall be provided and maintained by the owner, contractor, or
subcontractor during the use and operation of such elevating ma
chines or hoisting apparatus.
S ec . 29. All architects or draftsmen, in preparing plans, specifi- Duty of archications, or drawings to be used in the erection, repairing, altering,tects*
01* removing of any building or structure within the terms and
provisions of this article, shall provide in such plans, specifica
tions, and drawings for all the permanent structural features or
requirements specified in this article. Any person violating the
provisions of this section shall, upon conviction, be fined not less
than twenty-five ($25) dollars nor more than two hundred ($200)
dollars for each offense.
S ec . 30. Any person violating any of the provisions of this arti- Violations,
cle, except the provisions of section 29, shall upon conviction there
of be fined not less than twenty-five ($25) dollars nor more than
five hundred ($500) dollars, or imprisoned for not less than three
months nor more than two years, or both.
S ec . 31. The continuance by any person in the employ of any t Assumption of
such operator shall not be deemed an assumption of the risk o frisks*
such employment.
A r t ic l e Y .
Private employment agencies.
S e c t io n 1. When used in this division the following terms are
defined as herein specified: The term “ person ” means and in
cludes any individual, company, society, association, corporation,
manager, contractor, subcontractor, or their agents or employees.
The term “employment agency ” means and includes the business
of conducting, as owner, agent, manager, contractor, subcontractor,
or in any other capacity an intelligence office, domestic and com
mercial employment agency, theatrical employment agency, bond
ing and reference agency, teacher’s employment agency, general
employment bureau, shipping agency, or any other agency or office
for the purpose of procuring or attempting to procure help or em
ployment or engagements for persons seeking employment or en
gagements, or for the registration of persons seeking such help, em
ployment, or engagement, or for giving information as to where and
of whom such help, employment or engagement may be procured,
where a fee or other valuable consideration is exacted or attempted
to be collected, directly or indirectly, for such services, whether
such business is conducted in a building 01* on the street or else
where.
The term “ fee ” means and includes any money or other valu
able consideration paid or promised to be paid for services ren1 7 5 7 ° — 2 1 ------ 1 3
Definitions,
LABOR LEGISLATION 01’ 1919.
194
License
quin (1.
Bond.
Canceling
ccitse.
Signs.
Register.
Receipts.
Fees.
dered or to be rendered by any person conducting any employment
agency of any kind under the provisions of this division. Such
term includes any excess of money received by any such person
over what has been paid out by him for the transportation, transfer
of baggage, or board and lodging for any applicant for employment;
such term also includes the difference between the amount of money
received by any such person who furnishes employees and the
amount paid by him to such employees,
re- S e c . 2. No person, firm, or corporation in this State shall open,
operate, or maintain a private employment agency for hire or for
help without first obtaining a license for the same from the depart
ment of labor, and the license fee shall be fifty ($50) dollars per
annum, payable in advance on the first day of May of each year,
and shall expire on the last day of April of each year.
Every license shall contain a designation of the city, street, and
number of the building in which the licensed parties conduct said
employment agency. In ease of removal to another location dur
ing the period covered by such license, the department shall be at
once notified and the license corrected accordingly. No such
license shall be transferable.
S e c . 3. The department of labor shall require with each appli
cation for a license a surety bond in the penal sum of two thou
sand ($2,000) dollars to be approved by said department and con
ditioned that the obligor will not violate any of the duties, terms,
conditions, provisions, or requirements of this division. The de
partment of labor is authorized to cause an action or actions to be
brought on said bond in the name of the State for any violation
of any of its conditions and may revoke, upon a full hearing, any
license whenever in its judgment the party licensed shall have
violated any of the provisions of this division,
liS e c . 4. In case of refusal of any licensee to comply with the
lawful orders of the department of labor, the department of labor
may cancel the license held by such person, firm, or corporation.
When such licenses shall be so canceled it shall not be reissued
to said person, firm or corporation for a period of six months from
the date of said cancellation.
S e c . 5 . No private employment agency shall print, publish, or
paint on any sign, window, or insert in any newspaper or publica
tion a name similar to that of the Nebraska Free Employment
Bureau.
S e c . 6. It shall be the duty of every licensed agency to keep a
register in which shall be entered the name and sex of every per
son for wrhom employment is secured, and the amount of fee
charged. Such licensed agency shall also enter into a register
the name and address of every person for whom help or servants
are secured. Such register shall at all reasonable hours be open
to the inspection and examination of the department of labor, and
a copy of such register shall be filed with the department of labor
not later than the 10 th day of each calendar month.
S e c . 7 . Every licensed agency shall issue a receipt to each
person securing employment or help showing the occupation,
name, and address of the applicant, and the amount of the fee
charged for procuring the position, and such receipt shall also
show the wages to be paid to said person securing employment,
together with the name and address of the employer and the
name of the agency issuing such receipts; also the nature of
the employment offered and if a strike or lockout is known to
exist the fact shall be stated.
Said receipt shall be made upon forms prescribed by the depart
ment of labor and the third copy to be retained by the agency
issuing same. The carbon copy of each and every receipt issued
shall be mailed to the department of labor as prescribed in sec
tion 6.
S e c . 8 . A registration fee not to exceed two ( $ 2 ) dollars may
be charged by such licensed agency when such agency shall be
at actual expense in advertising such individual applicant, or in
looking up the references of such applicant. In all such cases
TEX T OF LA W S— [NEBRASKA.
195
a complete record of such references shall be kept on file, which
record shall, during all business hours, be opened for the inspec
tion of the department of labor, and upon demand shall be sub
ject to inspection and examination by the applicant. For such
registration fee a receipt shall be given to said applicant for help
or employment, giving name of such applicant, date of payment,
and character of position or help applied for. Said registration
r'te shall be returned to said applicants on demand after thirty
e uln*
t30) days and within sixty (60) days from date of receipt less
die amount that has been actually expended by said licensed
agency of said applicant, and an itemized account of such ex
penditures shall be presented to said applicant on request at the
time of returning the unused portion of such registration fee,
provided no position has been furnished by said licensed agency
to and accepted by said applicant.
No licensee shall, as a condition to registering or obtaining other fee3«
employment for such applicant, require such applicant to sub
scribe to any publication or exact other fees, compensation, or
reward, other than the regisUation fee aforesaid, and a further
fee, the amount of which shall he agreed upon between such
applicant and the licensee, to be payable at such time as may be
agreed upon in writing, but the further fee aforesaid shall not
be received by such licensee before the applicant has been ten
dered a position by said licensed person. In the'event that the
position so tendered is not accepted by or given such applicant,
the licensee shall refund all fees requested by said applicant,
other than the registration fees aforesaid within three (3 ) days
after demand is made therefor. No licensee shall send out any
applicant for employment without having obtained a bona fide Bona fide ororder therefor, and if it shall appear that no employment of the ders*
kind applied for existed at the place where said applicant was
directed, said licensee shall refund to such applicant within live
(5) days after demand any sum paid by such applicant for trans
portation in going to and returning from said place, and all fees
paid by said applicant.
In addition to the receipt herein provided to be given for regis- Additional r*tration fees, it shall be the duty of the licensee to give to every ceiPts*
applicant for employment from* whom other fee or fees shall be
received an additional receipt, in which shall be stated the name
of such applicant, the date and amount of such other fees; and
to every applicant for help from whom other fee or fees shall
be received an additional receipt, stating the name and address
of said apiDlicant, the date and amount of such other fee or fees,
and the kind of help to be provided. All receipts shall have
printed on the back thereof, in the English language, the name
and address of the secretary of labor.
Every such licensee shall give to every applicant for employ
ment a card or printed pai»er containing the name of the appli
cant, the name and address of such employment agency, and the
written name and address of the person to whom the applicant is
sent for employment.
If an employee furnished fails to remain one week in a situa- Refunds,
tion, through no fault of the employer, then all fees paid or
pledged, in excess of the registration fee aforesaid, shall be re
funded to the employer upon demand.
If the employment furnished the applicant does not continue
more than one week, through no fault of the employee, then all
fees paid or pledged in excess of the registration fee aforesaid
shall be refunded to the employee upon demand.
Se c . 9. The fee for procuring employment or help in all cases F e e s t o be
shall be clearly set out in the receipt as provided in section 7. T hestated*
receipt shall plainly show the amount of the fee and all commis
sions and expenses or compensations whatsoever to such licensed
agency for procuring employment or help. In case the person pay
ing such fee fails to obtain the employment specified and such fail
ure shall not be the fault of such applicant for employment, such
licensed agency shall repay the same to such person upon demand
196
L A B O R
Dividing fees.
Immoral
sorts.
re
Violations.
Definition.
Scope of act.
L E G IS L A T IO N
O F
1919.
being made therefor: Provided , That in cases where the person
seeking employment is sent beyond the limits of the city in which
such employment agency operates, such licensed agency shall repay
in addition to the above the actual expenses incurred by reason of
failure to receive employment, in all cases when it shall appear that
the employment agency made false representations.
Sec. 10. Any licensed agency, or agent thereof, who shall be
guilty of dividing fees with any agent, superintendent, manager,
foremen or other employee of any person, company, corporation or
association, for whom emplyees are furnished, shall be guilty of
a misdemeanor and shall be fined not less than fifty ($50) dollars
or be imprisoned in the county jail for a period not exceeding three
(3) months at the discretion of the court.
Sec. 11. No agency shall knowingly send or cause to be sent any
female help or servant to any place of bad repute, house of ill fame,
or assignation house, or to any house or place of amusement kept
for immoral purposes. No such licensed agency shall publish or
cause to be published any false information, make any false
promise concerning or relating to work or employment to any one
who shall register for employment and no licensed agency shall
make any false entries in the register to be kept as herein provided.
Sec. 12. Any person convicted of a violation of the provisions of
this section not otherwise specifically provided for, shall be guilty
of a misdemeanor and shall be fined not less than fifty ($50) dol
lars nor more than one hundred ($100) dollars for each offense or
be imprisoned in the county jail for a period not to exceed three
months or both such fine and imprisonment at the discretion of the
court: Provided , That any person or persons who shall send any fe
male help or servant to any place of bad repute, house of ill fame
or assignation house, or to any house or place of amusement kept
for immoral purposes, shall be punished by imprisonment for not
less than thirty days nor more than three months, and the license
shall be permanently cancelled.
Sec. 13. The term employment or work, whenever used in this
division, shall be construed to mean manual or mechanical labor,
clerical, domestic or professional service.
Sec. 14. Any person, firm or corporation who, for hire or with a
view to profit, shall undertake to secure employment for help or
through the medium of cards, circulars or pamphlets of any na
ture whatsoever, or through the display of a sign or bulletin, offer
to secure employment or help or give information as to where em
ployment or help shall be secured, shall be deemed a private em
ployment agency and shall be subject to the provisions of this di
vision.
Approved April 19, 1919.
C hapter
207.— Private employment offices.
[The provisions of this act, approved April 10,1919, differ in no
essential point from those of the article reproduced above. It
makes no reference to the foregoing article, and is not referred to
therein. It is not reproduced on account of its practical identity
with it.]
C hapter
Jurisdiction.
Who entitled.
221.— Mothers' pensions .
S e c t i o n 1. The juvenile court shall have original jurisdiction
in all cases coming within the terms of this act. The findings of
the court in all cases relating to the support of mothers under
this act shall be entered in a book, or books, to be kept for that
purpose and known as the “ Mothers’ Pension Record.”
S e c . 2. A mother whose husband is dead, or whose husband has
become permanently incapacitated for work by reason of physical
or mental infirmity, or is confined in a penal institution, and a
mother who is unmarried, or has been married and is divorced,
or has been deserted by husband, may file a petition for relief
under this act: Provided , Such mother has had a residence for
T E X T
O E
L A W S —
197
N E B R A S K A .
two years in the county where such petition is filed and is the
mother of a child, or children: Provided further , however, No
mother shall receive any support whose husband, or whose divorced
husband has means and can be legally made to assist in the sup
port of his children. Such petition shall be filed with the juvenile
court of the county where such mother resides, and may be veri
fied on information and belief.
S e c . 6. The allowance made to such mother shall not exceed ten Amounts.
dollars per month when such mother has but one child under the
age of fourteen years, and when she has more than one child under
such age, the relief granted shall not exceed ten dollars per month
for each of the other children: Provided , That in no event shall
the relief granted to any one mother and children exceed the sum
of fifty dollars per month: Provided further , No such order shall be
effective for more than six months unless renewed by the court at
or after the expiration of that period.
Sec. 7. Such relief shall be granted by the court only upon the
following conditions:
(1)
The child or children for whose benefit the relief is grantedConditions.
must be living with the mother of such child or children; (2 ) the
court must find that it is for the welfare of such child or children
to remain at home with the mother; (3) the relief shall be
granted only when in the absence of such relief the mother would
be required to work regularly away from her home and children
and when by means of such relief she will be able to remain at
home with her children except that she may be absent from work a
definite number of days each wreek to be specified in the court’s
order, when such work can be done by her without the sacrifice of
health of [or] the neglect of the home and children; (5) the relief
granted shall, in the judgment of the court be necessary to save
the child or children from neglect and to furnish such child with
suitable education; (6 ) a mother shall not receive such relief who
is the owner of real property or personal property other than the
household goods of more than two thousand dollars in value;
(7) a mother shall not receive such relief who has not resided
in the county where the application is made at least two years
next before making such application; (8 ) a mother shall not re
ceive such relief if her children have relatives within the second
degrees of sufficient abilities to support them, said relationship
to be computed according to the method of determining interstate
succession to property in Nebraska.
S e c . 8. Whenever any child shall arrive at the age of fourteen Termination.
years and relief granted to the mother for such child shall cease:
Provided , If a child of fourteen years of age be ill or is incapaci
tated for work, the mother shall receive funds for his care during
such illness or incapacity for work until such child is sixteen
years of age. The court may, in its discretion, at any time be
fore such child reaches the age of fourteen years, modify or vacate
the order granting relief to any mother and for any child.
Approved April 17, 1919.
C hapter
2G1.— Criminal syndicalism — Sabotage.
S e c t i o n 1. Criminal syndicalism is hereby defined to be the
doctrine which advocates crime, physical violence, arson, destruc
tion of property, or sabotage, as a means of accomplishing or
effecting industrial or political ends, or for profit.
S e c . 2. Any person who, by word of mouth or writing, advocates,
affirmatively suggests or teaches the duty, necessity, propriety,
or expediency of crime, criminal syndicalism, or sabotage, or who
shall advocate, affirmatively suggest, or teach the duty, necessity,
propriety, or expediency of doing any act of violence, the destruction
of or damage to any property, the bodily injury to any person or
persons, or the commission of any crime as a means of accomplish
ing or effecting any industrial or political ends, or for profit; or
who prints, publishes, edits, issues, or knowingly circulates, sells,
distributes, or publicly displays any books, "pamphlets, paper,
Definition*.
Offense#.
198
Permitting
semblage.
L A B O R
Schools author
ized.
Hours.
0 1 ’
1U 1D .
handbill, poster, document, 01* written or printed matter in any
form whatsoever, containing matters advocating, advising, affirma
tively suggesting or teaching crime, criminal syndicalism, sabotage,
the doing of any act of physical violence, the destruction of or
damage to any property, the injury to any person, or the com
mission of any crime as a means of accomplishing, effecting, or
bringing about any industrial 01* political ends, or for profit,
or who shall openly, or at all attempt to justify by word of
mouth or writing, the commission or the attempt to commit sabot
age, any act of physical violence, the destruction of or damage to
any property, the injury of any person or the commission of any
crime, with the intent to exemplify, spread, or teach, or affirma
tively suggest criminal syndicalism, or organizes, or helps to
organize or becomes a member of or voluntarily assembles with
any society or assemblage of persons which teaches, advocates,
or affirmatively suggests the doctrine of criminal syndicalism,
sabotage or the necessity, propriety, 01* expediency of doing any
act of physical violence or the commission of any crime as a
means of accomplishing or effecting any industrial or political
ends or for profit, shall be deemed guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment in the peni
tentiary for a term of not less than one year or more than ten
years, or by a fine of not more than one thousand dollars, or both
such imprisonment and fine.
Sec. 3. The owner, lessee, agent, superintendent, or person in
as
cliarge or occupation of any place, building, room or rooms, or
structure, who knowingly permits therein any assembly or con
sort of persons prohibited by the provisions of section 2 of this
act, or who after notification by authorized public or peace officer
that the place or premises, or any part thereof, is or are so used,
permits such use to be continued, is guilty of a misdemeanor and
punishable upon conviction thereof by imprisonment in tlie county
jail for not less than sixty days or for not more than one year,
or by a fine of not less than one hundred dollars, or more than
five hundred dollars, or both such imprisonment and fine.
Approved April 3, 1919.
C hapter
Definition.
L E G IS L A T IO N
267.— Employed children— Continuation schools.
S e c t i o n 1. Any board in control of any public school, State
school, college, or university may establish, in cooperation with the
State board of vocational education, a vocational school, depart
ment, or class giving instruction of less than college grade in
agricultural, trade or industrial or home economics subjects to
persons over fourteen years of age who have entered upon or
wrho are preparing to enter upon the work of the farm, a trade, or
the home.
Sec. 3. A vocational trade or industrial school, department, or
class shall be one which gives all-day, part-time, 01* evening in
struction in trade and industrial subjects to persons who have
entered upon or who are preparing to enter upon employment
in a particular trade or industrial pursuit.
When organized as an all-day school, department, or class the
instruction shall be for persons who are preparing to enter upon
the work of a particular trade or industrial pursuit; it shall
cover a period of at least nine months and shall provide for at
least thirty hours of instruction per w’eek. At least half the
time of instruction must be devoted to work on the useful or
productive basis and the remainder of the time to related sub
jects and to subjects necessary to build a well-rounded course of
training: Provided, That for cities and towns of less than twentyfive thousand population according to the last preceding United
States census the local board, with the approval of the State
board of vocational education, may modify the conditions as to
the length of the course and hours of instruction a week.
When organized as a part-time school, department, or class the
instruction shall be provided for persons who have entered upon
TEXT OF LAW S---- NEBRASKA.
199
employment; it shall cover a period of at least one hundred fortyfour hours per year; and may include instruction supplementary
to the employment in which the pupils are engaged, instruction
in a different employment, or instruction in elementary or sec
ondary subjects given to continue the general education of the
pupils in attendance.
When organized as an evening school, department, or class
the instruction shall be provided for persons over sixteen years
of age who have entered upon the work of a particular trade
or industrial pursuit and shall provide for instruction supple
mental to the daily employment.
S ec . 7. The board in control of the public school of any public- p
t0
school district in the State having at least fifteen children beas
tween the ages of fourteen and sixteen years who hold employ
ment certificates in force, shall establish a part-time school or
class and shall require minors holding such employment certifi
cates to attend said school or class regularly for not less than Attendance*
eight hours a week while so employed and until they reach the
age of sixteen years: Provided, That no person over sixteen and
under twenty-one years of age shall be barred from attendance
upon said part-time schools or classes.
If any such minor between the ages of fourteen and sixteen shall
fail to attend regularly upon such part-time school or class <is
herein required the employment certificate of such minor shall be
canceled. It shall be unlawful for any person, firm, or corpora
tion to employ any such minor between the ages of fourteen
and sixteen years for more than forty hours in any one week,
nor more than eight hours in any one day, nor before the hour
of six o'clock in the morning or after the hour of eight o’clock
in the evening, nor unless such minor shall attend regularly upon
such part-time school or class as herein required. Any person,
firm, or corporation violating any of the provisions of this act
shall be guilty of a misdemeanor and, upon conviction thereof,
shall be fined in any sum not less than five dollars nor more than
twenty-five dollars for each offense. * * *
A pp roved M arch 24, 1919.
NEVADA.
ACTS OF 1919.
C h a p te r 8 .—
Barber shops— Sunday labor.
[This act amends section 2 of chapter 2 2 7 , Acts of 1 9 1 7 , for
bidding the opening of barber shops on Sunday, so as to include
all towns having a population of more than 500 people, instead of
10,000, as heretofore.]
C h a p t e r 2 2 .—
Sabotage— Crim inal syndicalism.
S e c t i o n 1 . Criminal syndicalism is the doctrine which advocates
Definition,
or teaches crime, sabotage, violence, or unlawful methods of ter
rorism as a means of accomplishing industrial or political re
form. The advocacy or teaching of such doctrine, whether by
word of mouth or writing, is a felony punishable as in this act
otherwise provided.
S e c . 2 . Any person who ( 1 )
by word of mouth or writing, Offenses,
advocates or teaches the duty, necessity, or propriety of crime,
sabotage, violence, or other unlawful methods of terrorism as a
means of accomplishing industrial or political reform; or
( 2 ) Prints, publishes, edits, issues, or knowingly circulates,
sells, distributes, or publicly displays any book, paper, document,
or written matter in any form, containing or advocating, advis
ing or teaching the doctrine that industrial or political reform
should be brought about by crime, sabotage, violence, or other
unlawful methods of terrorism; or
(3) Openly, willfully, and deliberately justifies, by word of
mouth or writing, the commission or the attempt to commit crime,
sabotage, violence, or other unlawful methods of terrorism with
intent to exemplify, spread, or advocate the propriety of the doc
trine of criminal syndicalism; or
(4) Organizes or helps to organize or becomes a member of, or
voluntarily assembles with, any society, group, or assemblage of
persons formed to teach or advocate the doctrine of criminal syndi
calism ;
Is guilty of a felony and punishable by imprisonment in the State
prison for not more than ten years or by a fine of not more than
$5,000, or both.
S e c . 3. Whenever two or more persons assemble for the purpose
Assembly,
of advocating or teaching the doctrines of criminal syndicalism as
defined in this act, such an assemblage is unlawful, and every per
son voluntarily participating therein by his presence, aid, or insti
gation is guilty of a felony and punishable by imprisonment in the Penalty.
State prison for not more than ten years or by a fine of not more
than $5,000, or both.
S e c . 4. The owner, agent, superintendent, janitor, caretaker, or
Permitting
occupant of any place, building, or room, who willfully and know- sembiage.
ingly permits therein any assemblage of persons prohibited by the
provisions of section three of this act, or who, after the notification
that the premises are so used, permits such use to be continued, is
guilty of a misdemeanor and punishable by imprisonment in the penaltycounty jaii for not more than one year or by a fine of not more
than $500, or both.
A pp roved F eb ru a ry 27, .1919.
201
as-
202
L A B O R
L E G IS L A T IO N
C hapter
O i'
W W .
56.— Labor commissioner.
[This chapter amends sections 1, 4, 12, and 14 of chapter 203,
Acts of 1915, so as to read as follows:]
S e c t i o n 1. There is hereby created the office of labor commis
sioner of the State of Nevada, and one member of the Nevada In
dustrial Commission, other than the chairman, shall be designated
by the governor to act as ex officio labor commissioner. Said com
missioner shall receive as compensation for his services as labor
Salary.
commissioner a salary of fifteen hundred ($1,500) dollars per an
num, payable in monthly installments out of the State treasury of
Nevada as other salaries are paid. Said commissioner may em
ploy stenographic or clerical help not to exceed fifteen hundred
Assistance.
($1,500) dollars per annum, and statistical assistance not to ex
ceed three hundred ($300) dollars per annum. Said labor commis
sioner shall be entitled to receive from the State, when travel is
necessary in the performance of his official duty, reimbursement
for the actual cost of transportation to points within the State over
the shortest usually traveled route, and such other expenses as are
allowed to other State officers.
Law e n f o r c e
S e c . 4. Said commissioner shall inform himself of all laws of
ment.
the State for the protection of life and limb in any of the indus
tries of the State, all laws regulating the houre of labor, the em
ployment of minors, the payment of wages, and all other laws en
acted for the protection and benefit of employees; and it shall be
the duty of said labor commissioner to enforce all labor laws of
the State of Nevada, the enforcement of which is not specifically
and exclusively vested in any other officer, board or commission,
and whenever after due inquiry he shall be satisfied that any such
law has been violated he shall present the facts to the district at
torney of the county in which such violation occurred, and it shall
be the duty of such district attorney to prosecute the same.
Printing.
S e c . 12. All forms, blanks, envelopes, letterheads, circulars,
bulletins, and reports required to be printed by said labor com
missioner shall be printed at the State printing office in the same
manner and under the same regulations which are specified in an
act entitled “An act to designate and authorize the work to be
done in the State printing office,” approved March 5. 1909.
Appropriation.
S e c . 14. For the purpose of carrying out the provisions of this
act there is hereby appropriated, out of any moneys in the State
treasury not otherwise appropriated, the sum of ten thousand
($10,000) dollars. All salaries and expenses enumerated in this
act, except the expenses of printing at the State printing office
and the providing of properly furnished offices at the capitol, shall
be paid from the appropriations made for the salaries and support
of the office of labor commissioner.
Approved March 13, 1919.
Office created.
C hapter
Payment p r e
scribed.
Scope.
71 .— Payment of wages— Semimonthly pay day.
S e c t i o n 1 . All wages or compensation of employees in private
employments shall be due and payable semimonthly, that is to say,
all such wages or compensation earned and unpaid prior to the
first day of any month, shall be due and payable not later than
the fifteenth day of the month following that in which such wages
or compensation w*ere earned; and ajl wages or compensation
earned and unpaid prior to the sixteenth day of any month shall
be due and payable not later than the last day of the same month;
but nothing contained herein shall be construed as prohibiting
the contracting for the payment or of the payment of wages at
more frequent periods than semimonthly. Every agreement made
in violation of this section, except as hereinafter provided, shall be
null and void; except any employee shall be entitled to payment
of such wages or compensation for the period during which the
same were earned.
The words “ private employments ” used in this act shall mean
all employments other than those under the direction, manage-
T iiX X
O F
L A W S —
J S 'E Y A D A *
203
went, supervision, and control of this State or any county, city,
or town therein, or any office or department thereof.
S e c . 2. Whenever an employer discharges an employee, the
Termination >/
wages and compensation earned and unpaid at the time of such emp oym€n *
discharge shall become due and payable immediately; but when
ever an employee resigns or quits his employment, the wages and
compensation earned and unpaid at the time of such resignation
01* quitting, shall be paid within twenty-four hours after a demand
therefor,
Should any employer fail to pay within three (3) days after the
same shall become due and payable, under the provisions of this
act, any wages or compensation, without deduction, of any em
ployee, who is discharged from or who resigns or quits his em
ployment, then as a penalty for such nonpayment of such wages
or compensation, the same shall continue from the date of the
cessation of employment at the same rate until paid: Provided,
In no case shall such wages or compensation continue for more
than thirty (30) days: And provided further, Any employee who
secretes or absents himself to avoid payment of such wages or
compensation, or refuses to accept the same when fully tendered to
him, shall not be entitled to the payment thereof for such time
as he so secretes or absents himself to avoid such payment.
„
Sec. 3. Every employer shall establish and maintain regular Notlces*
pay days as herein provided and shall post and maintain posted
notices printed in plain type or written in plain script in at least
two (2 ) conspicuous places where such notices can be seen by the
employees, setting forth the regular pay days as herein prescribed,
and place of payment, which shall be within the justice court
precinct in which such services were performed.
In case an employee shall be absent at the tiniQ and place of
the payment of such wages or compensation, due and payable
as herein prescribed: Provided, He does not secrete or absent
himself to avoid such payment as aforesaid, he shall be paid the
same within five (5) days after making written demand therefor.
The payment of such wages or compensation shall be made in Medium,
lawful money of the United States, or by a good and valuable
negotiable check or draft payable on presentation thereof at
some bank or established place of business without discount in
lawftil money of the United States, and not otherwise, and shall
be payable at the place designated in the notice prescribed herein.
Sec. 4. Nothing in this act shall be so construed as to preclude Deductions,
the withholding from the wages or compensation of any employee
any dues, rates, or assessments becoming due to any hospital
association, or to any relief, savings, or other department, or
association, maintained by the employer or employees for the
benefit of the employees, or poll tax, or other deductions author
ized by written order of an employee: Provided, At the time
of payment of such wages or compensation, such employee shall
be furnished by the employer an itemized list showing the respec
tive deductions made from the total amount of such wages or
compensation.
Sec. 5. Should any provision of this act be judicially decreed, Provisions sevor declared null or void, the remaining provision thereof shallerablenot be affected thereby, but the same shall be given full force
and effect.
S e c . 6. Any employer who fails or refuses to pay any of the
violations,,
wages or compensation of an employee, in whole or in part, as
in this act provided, or violates any of the remaining provisions
of this act, shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of not less than
fifty ($50) dollars nor more than three hundred ($300) dollars.
Sec. 7. It shall be the duty of the labor commissioner to cause Earo****1***this act to be duly enforced, and upon notice from him the dis
trict attorney of any county in which a violation of this act has
occurred shall prosecute the same according to law.
S e c . 8 . Nothing in this bill, however, shall be so construed as
Waiver*,,
to mean that any special occasion where it appears to be satis-
204
LABOR LEGISLATION OF 1919.
factory and beneficial to botli employed and employee, that they
shall not have the right to agree either verbally, or in writing,
as to where and at what time, other than every fifteen days, wages
shall be paid: Provided , That it shall be unlawful for any em
ployer to require any employee to enter into any such agreement
as a condition to entering into or remaining in his service.
Approved March 19, 1919.
C h a p te r 85.— Employed
children— Continuation schools.
Schools to be
S ection 1. The school board of any school district in which
established.
there shall reside, or be employed, or both, not less than fifteen
children over fourteen years of age and not less than eighteen
years of age who have entered upon employment, shall establish
part-time schools or classes for such employed children.
N a t u r e of
S ec. 2. A part-time school or class established in accordance
school.
with the terms of this act shall provide an education for children
who have entered employment which shall be either supplemental
to the work in which they are engaged, continue their general
education, or promote their civic and vocational intelligence.
Attendance.
S ec. 3. All children of the State shall attend school until the
age of eighteen unless they are employed and are excused from
attendance in accordance with terms of subdivisions 1 , 3, and 5
of section 203, chapter 133, Statutes of 1911.
Certificates.
S ec. 4. The school board of any school district, or person or
persons designated by them, shall issue to any child over the
age of fourteen years a certificate giving the age of the child
as it appears upon the register of the school which he has been
attending, the grade which he has attained, and his place of
residence, which certificate shall be presented by him to the
employer of any minors.
List.
Sec. 5. The employer of any minors under eighteen years of
age shall keep a list of minors so employed and shall keep on file
the certificate issued by the school authorities, and shall notify
the school board of the district in which the child last attended
school of such employment. Upon the discharge of any such
employed minor, the employer shall return within ten days the
certificate issued by the board of education, to the school board is
suing such certificates.
Districts exS ec. 6. Whenever any school board shall deem it inexpedient to
cused.
organize part-time schools or classes for employed minors, it
shall state the reasons for such inexpediency in a petition to the
State board for vocational education, and when the State board for
vocational education, upon the recommendation of the State di
rector, shall judge such reasons to be valid, the school board shall
be excused from the establishment of such part-time schools or
classes.
Hours.
S ec. 7. Part-time schools or classes established in accordance
with the provisions of this act shall be in session not less than
four hours a week between the hours of eight a. m. and six p. m.
during the number of weeks which other public schools are main
tained in the district establishing such part-time schools or classes.
*
Counted as work
time.
*
#
*
*
S ec. 9. Whenever the number of hours for which a child over
fourteen years and less than eighteen years of age may be em
ployed shall be fixed by Federal or State law, the hours of at
tendance upon a part-time school or class organized in accordance
with the terms of this act shall be counted as a part of the
number of hours fixed for legal employment by Federal or State
laws.
Duty of parents.
Sec. 10. Every parent, guardian, or other person in the State of
Nevada, having control of any child or children between and includ
ing the ages of fifteen and seventeen and at work shall be required
to send such child or children to a part-time school or class, when
ever there shall have been such part-time school or class estab
lished in the district where the child resides or may be emploj^ed,
TEXT OF LAW S— NEVADA.
205
unless excused in accordance with the provisions of section 3 of
this act.
Sec. 11. In case any parent, guardian, or other person in the Penalty.
State of Nevada having control or charge of any child or children
between and including the ages of fifteen and seventeen shall fail
to comply with the provisions of this act, he shall be deemed guilty
of a misdemeanor and shall, on conviction thereof, be subject to a
line of not less than ten ($10 ) dollars nor more than one hundred
(.$100) dollars, or by imprisonment in the county or city jail not
less than two nor more than ten days, or by both such fine and
imprisonment at the discretion of the court.
Sec. 12. Any person, firm or corporation employing a child be- Duty of em tween the ages of fourteen and eighteen years shall permit the at-p yers*
tendance of such child upon a part-time school or class whenever
such part-time school or class shall have been established in the
district where the child resides or may be employed, and any per
son, firm, or corporation employing any child over fourteen and
less than eighteen years of age contrary to the provisions of this
act shall be subject to a fine of not less than ten ($10 ) dollars nor
more than one hundred ($100) dollars for each separate offense.
S ec. 13. The officers charged by the law with responsibility for Enforcement,
the enforcement of the attendance upon regular public schools of
children over eight years of age shall also be charged with the re
sponsibility for enforcement of attendance upon part-time schools
and classes of children over fourteen and less than eighteen years
of age in accordance with the terms of this act.
Approved March 25, 1919.
C hapter 167.— Private employment offices.
S ection 1. When used in this section the following terms are Definitions,
defined as herein specified:
The term “ person” means and includes any individual, firm,
company, corporation, association, manager, contractor, subcon
tractor, or their agents or employees.
The term “ employment agency ” means and includes the busi
ness of conducting, as owner, agent, manager, contractor, subcon
tractor, or in any other capacity, an intelligence office, domestic
and commercial employment agency, general employment bureau,
shipping agency, or any other agency for the purpose of procuring
or attempting to procure help or employment for persons seeking
employment, or for the registration of persons seeking such em
ployment or help, or for giving information as to where and of
whom such help or employment may be secured, where a fee or
other valuable consideration is exacted, or attempted to be col
lected for such services, whether such business is conducted in a
building or on a street or elsewhere.
The term “ labor commissioner ” shall mean the labor commis
sioner of the State of Nevada.
Sec. 2. No person shall open, keep, operate, or maintain an em- L i c e n s e re
payment agency in this State without first obtaining a licensequired*
therefor as provided in this act from the labor commissioner. Such
license, together with a copy of this act, shall be posted in a con
spicuous place in each and every employment agency. Any per
son who shall open, keep, operate, or maintain such employment
agency without first procuring said license shall be guilty of a mis
demeanor and upon conviction thereof shall be punished by im
prisonment in the county jail not to exceed six (6 ) months, or by a
fine not exceeding three hundred ($300) dollars, or by both such
fine and imprisonment.
S ec. 3. An application for such license shall be made to the Application,
labor commissioner. Such application shall be in written form
and shall state the name and address of the applicant; the street
and number of the building or place where the business is to be
conducted; and the business or occupation engaged in by the
applicant for at least two years immediately preceding the date
of the application. Such application shall be accompanied by the
206
LABOB LEGISLATION OF 101&.
affidavits of at least two reputable residents of the city to the
effect that the applicant is a person of good moral character.
Sec. 4. Every license shall contain the name of the person
licensed, a designation of the city, street, number of the house
in which the person licensed is authorized to carry on said em
ployment agency, and the number and date of such license. Such
license shall not be valid to protect any other than the person
to whom it is issued or any place designated in the license.
Fee.
Sec. 5. Every person licensed under the provisions of this act
to carry on the business of an employment agency shall pay to
the labor commissioner a fee of twenty-five ($25) dollars before
such license is issued. He shall also deposit before such license
is issued, with the clerk of the city in every city where there is
a clerk, or clerk of the county, a bond in the penal sum of one
thousand dollars with two or more sureties, or a duly authorized
surety company, to be approved by the labor commissioner.
Bond.
The bond executed shall be payable to the people of the State
of Nevada and shall be conditioned that the person applying
for the license will comply with this act and shall pay all dam
ages occasioned to any person by reason of any misstatement,
misrepresentation, fraud, or deceit, or any unlawful act or omis
sion of any licensed person, made, committed, or omitted in the
business conducted under such license, or caused by any other
violation of this act in carrying on the business for which such
license is granted.
If at any time the sureties or any of them shall become irre
sponsible, the person holding such license shall, upon notice of
the labor commissioner, give a new bond, subject to the pro
visions of this section. The failure to give a new bond within
ten days after such notice shall operate as a revocation of such
license and the license shall thereupon be returned to the labor
commissioner, who shall destroy the same.
Action on bond.
Sec. 6. All claims or suits brought in any court against the
licensed person may be brought in the name of the person dam
aged upon the bond deposited with the city, or county, as the
case may be, by such licensed person, and may be assigned as
other claims for damages in civil suits. The amount of damages
claimed by plaintiff, and not the penalty named in the bond,
shall determine the jurisdiction of the court in which the action
is brought. Where such licensed person has departed from the
State with intent to defraud his creditors or with intent to avoid
a summons in an action brought under this section, service shall
be made upon the surety as prescribed in the code of civil pro
cedure. A copy of such summons shall be mailed to the last
known post-office address of the residence of the licensed person,
and the place he conducted such employment agency, as shown
by the records of the labor commissioner’s office. Such service
thereof shall be deemed to be made when not less than the number
of days shall have intervened between the dates of service and
the return of the same as provided by the civil procedure for the
particular court in which suit has been brought.
Sec. 7. It shall be the duty of every licensed person to keep a
Register.
register in which shall be entered the date of application for
employment; the name and address of the applicant to whom
employment is promised or offered, or to whom information or
assistance is given in respect to such employment: the amount
of the fee received, and, whenever possible, the name and ad
dresses of former employers or persons to whom such applicant
is known. Such licensed person shall also enter in the same
or in a separate register the name and address of every appli
cant for help, the date of such application, kind of help requested,
the conditions of employment, the horn's of labor -required, and the
rate of wages to be paid. No such licensed person shall make
any false entry in such registers.
Inspection.
Sec. 8, All registers, books, records, and other papers kept by
the licensed person pursuant to this act shall be open at all
reasonable hours to the inspection of the labor commissioner, and
Contentt,
TEXT 03? LAW S— NEVADA.
207
every licensed person shall furnish to the labor commissioner on
request a true copy of such register, books, records, and papers,
or any portion thereof, and shall make such reports as the labor
commissioner may prescribe.
Sec. 9. It shall be the duty of every licensed person to give to Receipts,
every applicant for employment from whom a fee shall be received
a receipt in which shall be stated the name and address of such
employment agency, the name and address of the party to whom
the applicant is sent for employment, the name of the applicant,
tlie date, the amount of the fee, the kind of work or service to be
performed, the general conditions of employment, including, among
other things, the hours of service, the rate of wages or compensa
tion, whether or not board or lodging is to be furnished, the
cost of transportation and whether or not it is to be paid by the
employer, the time of such service if definite, and if indefinite
to be so stated, and the name of the person authorizing the hiring
of such applicant. There shall be printed on tlie face of the receipt
in prominent type the following: “ This agency is li^nsed by the
labor commissioner of Nevada.” All receipts shall
made and
numbered in original and duplicate. The original shall be given
to the applicant paying the fee and the duplicate sliall be kept on
file at the employment agency.
Sec. 10. No such licensed person shall accept a fee from any Orders required,
applicant for employment, or send out any applicant for employ
ment without having obtained, either orally or in writing, a
bona fide order therefor. In case the applicant paying a fee fails
to obtain employment, such licensed agency shall repay the amount
of said fee to such applicant upon demand being made therefor:
Provided , That in cases where the applicant paying such fee is
sent beyond the limits of the city in which the employment agency
is located, such licensed agency shall repay in addition to the
said fee any actual expenses incurred in going to and returning
from any place where such applicant has been sent: Provided ,
however, Where the applicant is employed and the employment
lasts less than seven days by reason of the discharge of the appli
cant, the employment agency shall return to said applicant the
fee paid by such applicant to the employment agency.
S e c . 1 1 . No licensed person conducting an employment agency
False s t a t e shall publish or cause to be published any false or fraudulent o r i e n t s ,
misleading information, representation, notice, or advertisement;
all advertisements of such employment agency by means of cards,
circulars, signs, or in newspapers and other publications, and
all letterheads, receipts, and blanks shall be printed and contain
the licensed name and address of such employment agency, and
no licensed person shall give any false information, or make any
false promise or false representation concerning an engagement
or employment to any applicant who sliall register or apply for
employment or help.
S e c . 1 2 . No licensed person shall accept any application for emchildren,
ployment made by or in behalf of any child, or shall place or
assist in placing any such child in any employment whatever in
violation of the child-labor law. No licensed person shall send
an applicant to any place where a strike, lockout, or other labor strike*,
trouble exists without notifying the applicant of such conditions,
and shall in addition thereto enter a statement of such facts upon
the receipt given to such applicant No licensed person shall
divide fees with an employer, or an agent of an employer, or with Dividing fee.?,
any superintendent, manager, foreman, or other employee of any
person, firm, or corporation to which help is furnished.
Sec. 13. The labor commissioner shall furnish to each licensed Records,
employment agency blank books upon which their records shall be
kept as provided in this act, together with forms of receipts, and
necessary blanks upon which reports shall be made to the labor
commissioner.
Sue. 14. The labor commissioner shall, at the end of each month, Account*,
make an itemized account of all moneys received by him from
license fees under the provisions of this act, and pay the same to
208
Enforcement.
Violations.
LABOR LEGISLATION OF 1910.
tlie State treasurer, to be lield in a separate fund known as the
employment agency fund and to be used for expenses incurred in
printing blanks, books, and receipts to be.furnished to such em
ployment agencies by said labor commissioner.
S ec . 15. It shall be the duty of the labor commissioner to enforce
this act, and when informed of any violations thereof it shall be
his duty to report the fact to the district attorney of the county
in which such violation occurred and said district attorney shall
prosecute the same in accordance with the law.
S ec . 16. Any person who violates any of the provisions of this
act shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by imprisonment in the county jail not
to exceed six (6 ) months, or by a fine not exceeding three hundred
($300) dollars, or by both such fine and imprisonment.
Approved March 28, 1919.
C h a p te r 168.— Employment
Citizens to
employed.
Convicts.
Contracts.
Payments.
Violations.
of labor on public works— Aliens.
S ection 1. No person not a citizen or ward of the United States
or who has not declared his intentions to become a citizen shall
be employed by any officer of the State of Nevada, or by any
contractor with the State of Nevada, or any political subdivision
of the State, or by any person acting under or for such officer or
contractor, in the construction of public works or in any office
or department of the State of Nevada, or political subdivision of
the State, and in all cases where persons are so employed, prefer
ence shall be given to honorably discharged soldiers, sailors, and
marines, and to citizens of the State of Nevada: Provided , Noth
ing in this act shall be construed to prevent the working of
prisoners by the State of Nevada, or by any political subdivision
of the State, on street or road work or other public work; nor to
prevent the working of aliens, who have not forfeited their right
to citizenship by claiming exemption from military service, as
common laborers in the construction of public roads, when it can
be shown that citizens or wards of the United States, cr persons
who have declared their intentions to become citizens, are not
available for such employment; nor to prevent the exchange of
instructors between the University of Nevada and similar institu
tions of North and South American countries.
S ec . 2. In each contract for the construction of public works a
proviso shall be inserted to the effect that if the provisions of sec
tion 1 of this act are not complied with by the contractor, the con
tract shall be void. All boards, commissions, officers, agents, and
employees having the power to enter into contracts for the expendi
ture of public money on public works shall file in the office of the
commissioner of labor the names and addresses of all contractors
holding contracts with the State of Nevada, or with any political
subdivision of the State. Upon the lettering of new contracts the
names and addresses of such new contractors shall likewise be
filed. Upon the demand of the commissioner of labor a contractor
shall furnish a list of the names and addresses of all subcontrac
tors in his employ.
Sec. 3. No money shall be paid out of the State treasury, or out
of the treasury of any political subdivision of the State, to any per
son employed on any of the work mentioned in section 1 of this
act unless such person shall be a citizen or ward, or naturalized
citizen of the United States, subject to the exception contained in
section 1 of this act.
S ec . 4. Any officer of the State of Nevada, or of any political sub
division of the State, or any person acting under or for,such officer,
or any contractor with the State of Nevada, or with any political
subdivision of the State, or any other person who violates any of
the provisions of this act shall be guilty of a misdemeanor, and
upon conviction thereof be fined in a sum of not less than one hun
dred ($100) dollars nor more than five hundred ($500) dollars, or
be imprisoned not exceeding six months, or by both such fine and
imprisonment: Provided, however, The penalties provided for in
209
TEXT OF LAW S---- NEVADA.
this act shall not apply where violations thereof are due to misrep
resentations made by the employee or employees.
Approved March 28, 1919.
T
haptee
1 S 2 .-
-T'ocational reliabilita tion- ■State and Federal coopcration.
Skction 1. That the Stale of Nevada does hereby accept the ben- Be n e f i t ?
<-his of any act that may be passed by the Senate and House o f cePted*
Representatives of the United States of America in Congress as
sembled to provide for the promotion of vocational rehabilitation
of persons disabled in industry or otherwise, and their return to
safe employment, and will observe and comply with all of the re
quirements of said act.
Sec. 2 . That the State board of education is hereby designated Boar&
as the State board for the purposes of the said act, and is hereby
given all the necessary power to cooperate with the Federal Board
ter Vocational Education in the administration of the provisions of
the act.
Sec. 3. It shall be the duty of the State board of education to act Duty*
jointly with the industrial commission in the administration, super
vision, designation, and support of the course in vocational re
habilitation to be provided in carrying out the provisions of this
ar-
if c i .
S e c . 4 . Said joint board shall have the power to provide courses
in this State or other States, in their discretion, for vocational re
habilitation of injured persons: Provided, how ever, That such ar
rangements shall be approved by the governor in writing.
Sec. 6. That the sum of ten thousand dollars ( $ 1 0 , 0 0 0 ) is hereby appropriated, out of any moneys in the State treasury not other
wise appropriated, as a vocational rehabilitation fund, to be avail
able in the biennial period, beginning July 1 , 1 9 1 9 .
Approved March 2 8 , 1 9 1 9 .
C h a p ter
2 0 3 . — Hours
Powers,
Approx iat.cn.
of labor on public works— Eight-hour day.
Section 1. The services and employment of all persons, except Limit on hour*,
otherwise provided herein, who are now, or may hereafter,
he employed by the State of Nevada, or by any county, city, town,
township, or any other political subdivision thereof, or by any
f-ontractor, subcontractor, or other person having a contract with
the State of Nevada or with any county, city, town, township, or any
other political subdivision thereof, for the performance of public
work, is hereby limited and restricted to not more than eight
hours in any one calendar day and not more than fifty-six hours
in any one week; and it shall be unlawful for any officer or
agent of the State of Nevada, oi of any county, city, town, town
ship, or other political subdivision thereof, or any contractor, sub
contractor, or other person having a contract as herein provided,
whose duty it shall be to employ, direct, or control the services of
such employees, to require or permit such employees to work
more than &ght hours in any one calendar day or more than fifty- Hours per week,
six hours in any one week, except in cases of emergency where
life or property is in imminent danger: Provided, Nothing in this
act shall apply to officials of the State of Nevada, or of any county,
city, town, township, or other political subdivision thereof, or to
employees thereof who are engaged as employees of a fire depart
ment, or to nurses in training or working in hospitals, or to deputy
sheriffs or jailers.
S e c . 2 . Every contract made with the State of Nevada or with
Contract*,
any county, city, town, township, or any other political subdivision
thereof, shall contain a condition that no person shall be employed
for more than eight hours in any one day or more than fifty-six
hours in any one week, except in cases of emergency where life
»>r property is in imminent danger, and in such emergency cases
as
1 7 5 7 c -2 1 -
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LABOR LEGISLATION OF 1919.
2 1 0
Violations.
the persons required to work over eight hours per day or fifty-six
hours per w^eek shall be paid regular wages for all overtime;
every such contract herein referred to shall also contain a condi
tion that the contract may be canceled at the election of the State
of Nevada or of any county, city, town, township, or other political
subdivision thereof, which is concerned, for any failure or refusal
on the part of the contractor to faithfully perform the contract
according to its terms as herein provided.
S ec . 3. Any officer or agent of the State of Nevada, ar of any
county, city, town, township, or other political subdivision thereof,
or any contractor, subcontractor, or other person whose duty it
shall be to employ, direct, or control the services of an employee
covered by this act, who shall violate any of the provisions of this
act as to the hours of employment of labor as herein provided,
shall be deemed guilty of a misdemeanor, and for each and every
such offense shall, upon conviction, be punished by a fine not
to exceed three hundred ($300) dollars, or by imprisonment not to
exceed six (6 ) months, or by both such fine and imprisonment, in
the discretion of the court having jurisdiction thereof.
Approved March 29, 1919.
C h apter 225.— Em ployment of labor— Provisions for safety.
Definitions.
S ection 1. The following terms, as used in this act, shall, unless
a different meaning is plainly required by the context, be con
strued as follows:
(1) The phrase “ place of employment” shall mean and in
clude every place, whether indoors or out, or elsewrhere, and
the premises appurtenant thereto, where, either temporarily, or
permanently, any industry, trade, w*ork or business is carried on,
or where any process or operation directly or indirectly related
to any industry, trade, work, or business, is carried on, including
all construction work, and where any person is directly or in
directly employed by another for direct or indirect gain or profit:,
but shall not include any place where persons are employed
solely in household domestic service, or any place of employment,
concerning the safety of which jurisdiction may have been vested
by law heretofore or hereafter in any other commission or public
authority.
(2) The term “ employment” shall mean and include any
trade, work, business, occupation or process of manufacture, or
any method of carrying on such trade, work, business, occupation,
or process of manufacture, including construction work, in which
any person may be engaged, except where persons are employed
solely in household domestic service.
(3) The term “ employer” shall mean and include every per
son, firm, voluntary association, corporation, officer, agent, man
ager, representative, or other person having control or custody
of any employment, place of employment, or of any employee.
(4) The term “ employee” shall mean and include every per
son who may be required or directed by an employer, in consider
ation of direct or indirect gain or profit, to engage in any employ
ment, or to go to work or be at any time in any pface of em
ployment.
(5) The term “ order” shall mean and include any decision,
rule, regulation, direction, requirement, or standard of the com
mission or any other determination arrived at or decision made
by such commission under the safety provisions of this act.
" ( 6 ) The term “ general order” shall mean and include such
order, made under the safety provisions of this act, as applies
generally throughout the State to all persons, employments or
places of employment, or all persons, employments or places of
employment of a class under the jurisdiction of the commission.
All other orders of the commission shall be considered special
orders.
(7)
The term “ local order” shall mean and include any ordi
nance, order, rule or determination of any board of supervisors,
T EX T OF LA W S---- NEVADA.
211
city council, board of trustees or other governing body of any
county, city and county, city, 01* any school district or other public
corporation, or an order or direction of any other public official
or board or department upon any matter over which the indus
trial accident commission has jurisdiction.
(8 ) The terms “ sa fe” and “ safety” as applied to an employ
ment or a place of employment shall mean such freedom from
danger to the life or safety of employees as the nature of the
employment will reasonably permit.
(9) The terms “ safety device” and “safeguard” shall be
given a broad interpretation so as to include any practicable
method of mitigating or preventing a specific danger.
Sec. 2. Every employer shall furnish employment which shall be Duty of employsafe for the employees therein and shall furnish a place of employ-ers*
ment which shall be safe for employees therein, and shall furnish
and use such safety devices and safeguards, and shall adopt and
use such practices, means, methods, operation, and processes as are
reasonably adequate to render such employment and place of em
ployment safe, and shall do every other thing reasonably necessary
to protect the life and safety of such employees.
Sec. 3. No employer shall require, permit, or suffer any employee Safeguards,
to go or be in any employment or place of employment which is not
safe, and no such employer shall fail to furnish, provide, and use
safety devices and safeguards or fail to adopt and use methods and
processes reasonably adequate to render such employment and
place of employment safe, and no such employer shall fail 01* neg
lect to do every other thing reasonably necessary to protect the life
and safety of such employees, and no such employer shall main
tain any place of employment that is not safe.
Sec. 4. No employer, owner, or lessee of any real property in this Construction.
State shall construct or cause to be constructed any place of em
ployment that is not safe.
Sec. 5. No employee shall remove, displace, damage, destroy, 01* Removing, etc.,
carry off any safety device or safeguard furnished and provided for guards,
use in any employment or place of employment, or interfere in any
way with the use thereof by any other person, or interfere with
the use of any method or process adopted for the protection of any
employee, including himself, in such employment, or place of em
ployment, or fail or neglect to do every other thing reasonably
necessary to protect the life and safety of such employees.
Sec. 6. It shall be the duty of the Nevada industrial commission, Enforcement,
and they shall have full power, jurisdiction, and authority over all
employments not within the jurisdiction of the department of the
mining inspector, labor commissioner, and railroad and public
service commissions:
(1) To declare and prescribe what safety devices, safeguards, or
other means or methods of protection are well adapted to render
the employees of every employment and place of employment safe
as required by law 01* lawful order.
(2) To fix such reasonable standards and to prescribe, modify,
and enforce such reasonable orders for the adoption, installation,
use, maintenance, and operation of safety devices, safeguards, and
other means or methods of protection, to be as nearly uniform as
practical, as may be necessary to carry out all laws and lawful
orders relative to the protection of the life and safety of employees
in employments and places of employment.
(3) To fix and order such reasonable standards for the construc
tion, repair, and maintenance of places of employment as shall
render them safe.
(4) To require the performance of any other act which the pro
tection of the life and safety of employees in employments and
places of employment may reasonably demand.
(5) The commission may, upon application of any employer, oc
other person affecied thereby, grant such time as may reasonably
be necessary for compliance with any order, and any person af
fected by such order may petition the commission for an extension
212
LABOR LEGISLATION OF 1919.
o f time, w hich the com m ission shall gran t if it finds such an e x
tension o f tim e necessary.
(6 ) Whenever the commission shall learn or have reason to be
lieve that any employment 01* place of employment is not safe or
is injurious to the welfare of any employee, it may, of its own
motion, 01* upon complaint, summarily investigate the same, with
01* without notice or hearings, and after a hearing upon such
notice as it may prescribe, the commission may enter and serve
such order as may be necessary relative thereto.
(7) To appoint advisers who shall, without compensation, assist
the commission in establishing standards of safety, and the com
mission may adopt and incorporate in its general orders such
safety recommendations as it may receive from such advisers.
Duty
ploy ei s.
of
Oidcrs as
dence.
S ec . 7. E very em ployer, em ployee, and oth er person shall obey
and com ply w ith each and every requirem ent o f every ord er,
decision, direction , rule, or regu lation m ade or prescribed by the
com m ission in con n ection w ith the m atters herein specified, or in
any w ay rela tin g to or a ffectin g sa fety o f em ploym ents or places
o f em ploym ent, or to p rotect the life and sa fety o f em ployees in
such em ploym ents or places o f em ploym ent, and shall d o ev ery
thing n ecessary or proper in ord er to secure com plia n ce and ob
serva n ce o f every such order, decision, direction , rule, or regu la
tion.
evi
S ec . 8. Every order of the commission, general or special, its
em
rules and regulations, findings and decisions, made and entered
under the safety provisions of this act, shall be admissible as
evidence in any prosecution for the violation of any of the said
provisions and shall, in every such prosecution, be presumed to be
reasonable and lawful and to fix a reasonable and proper standard
and requirement of safety, unless, prior to the institution of the
prosecution of such violation or violations, proceedings for a re
hearing thereon or a review thereof shall have been instituted
and not then finally determined.
Violations.
S ec. 9. Every employer, employee, or other person who, either
individually 01* acting as an officer, agent, or employee of a cor
poration 01* other person, violates any safety provision contained
in sections two, three, four, or five of this act, or any part of any
such provision, 01* who shall fail or refuse to comply with any such
provision 01* any part thereof, or who, directly or indirectly,
knowingly induces another so to do is guilty of a misdemeanor.
In any prosecution under this section it shall be deemed prima
facie evidence of a violation of any such safety provision, that
the accused has failed 01* refused to comply with any order, rule,
regulation, or requirement of the commission relative thereto.
Separate offen
S ec . 10. Every violation of the provisions contained in sections
ses.
two, three, four, or five of this act, or any part or portion thereof,
by any person or corporation is a separate and distinct offense, and,
in the case of a continuing violation tllereof, each day’s continu
ance thereof shall constitute a separate and distinct offense.
S ec . 11. Nothing contained in this act shall be construed to de
Act construed.
prive the board of county commissioners of any county, or city
and county, the board of trustees of any city, or any other public
corporations or board 01* department, of any power or jurisdic
tion over or relative to any place of employment.
A p p roved A p ril 1, 1919.
NEW HAMPSHIRE.
ACTS OF 1919.
C h a p te r
6.— Payment of wages— Weekly pay dap.
[This chapter amends section 21, chapter 180, Public Statutes,
1891, so as to read as follows:!
S e c t i o n 21. Every manufacturing, mining, quarrying, stonecutting, mercantile, railroad, telegraph, telephone, express, aque
duct and municipal corporation employing more than ten persons
at one time shall pay the wages earned each week by their em
ployees who work by the day or week within eight days including
Sunday after the expiration of the week. Every such corpora
tion shall post a notice in a conspicuous place in its office that it
will pay its employees’ wages as above, and shall keep the same
so posted. This act shall not apply to employees engaged in the
cutting, harvesting and driving of pulpwood and timber.
Approved February 5, 1919.
Scope of
law.
Exemption,
Chapter 66.— Factory , etcreg u la tio n s.
[This chapter amends section 1 of chapter 183, Acts of 1917,
by making the act apply to places where three or more persons are
employed, instead of ten as formerly.]
C h a p te r
106. — Em ployed
m iiiors — Illiterates — Continuation
schools.
S e c t i o n 1 4 . Every person between sixteen and twenty-one years
School attendof age who can not read and speak English understandingly shall,ttnce required*
unless excused by the commissioner of education, or by such per
son as he may designate, attend an evening or special day school,
if one is maintained by the district in which he or she either re
sides or is employed, until he or she has completed the minimum
course of studies prescribed by the State board.
S ec . 15. Any school district may maintain an evening school Schools to b«
as a part of its public-school system, and every district in whichmaintained*
reside or are employed fifteen or more persons between the ages
of sixteen and twenty-one years who can not read and speak the
English language understandingly shall maintain an evening or
special day school for the purpose of carrying into effect the pro
visions of this act for such time in each year and under such
conditions and with such exceptions as the State board may
prescribe.
S e c . 17. No person or corporation shall, after October 1, 1919, Duty of empioyemploy a person between sixteen and twenty-one years of ageers*
who resides or is employed in a district maintaining an evening
or special day school, as prescribed in section 14, who can not
read and speak English understandingly, unless he or it procures
and keeps on file in a place readily accessible to all authorized
inspectors a certificate of the superintendent of schools for the
district in which he or she is employed, showing that he or she
is enrolled in such evening or special day schools and that his or
her conduct and attendance are satisfactory; or a certificate that
he or she has been excused from attending such a school for a
reason satisfactory to the commissioner of education, or to such
person as he may designate.
S e c . IS. It shall be the duty of superintendents to issue such. Duty of oipereertificates and revoke them for cause in the proper cases, andinttT5der,lK
213
214
L A B O R
L E G IS L A T IO N
O F
1019.
they shall keep such record as prescribed by section 14, chapter
162, Laws of 1911, and make such reports of their doings under
the preceding section as the commissioner of education may pre
scribe.
Effect of certifi
Sec. 19. Such a certificate shall protect an employer from the
cate.
date it is issued until the end of the current school year unless
sooner revoked by the superintendent, and any one who employs
a person between sixteen and twenty-one years who can not read
and speak English understanding^, without the proper certificate,
Violations.
shall be guilty of a misdemeanor and fined not more than fifty
dollars. It shall be the duty of truant officers, inspectors ap
pointed by the State board, police officers, constables, sheriffs, and
city and county solicitors to enforce the provisions of this act.
Approved March 28, 1919.
N E W JERSEY.
ACTS OF 1919.
C hapter 3 5 . — Em ployment o f children— General provisions.
[This cliapter amends section 2 of chapter 223, Acts of 1914, by
adding thereto the following:]
Provided, That on and after July first, one thousand nine hun- Attendance at
dred and twenty, every parent, guardian, or other person having J ° n t i n u a t i o n
custody and control of a child between the ages of fourteen andsc 100'
►sixteen years, to whom an age and schooling certificate has been
granted and who is temporarily unemployed, shall cause such
child regularly to attend a continuation school for at least twenty
hours each week.
On and after July first, one thousand nine hundred and twenty,
every parent, guardian, or other person having custody and con
trol of a child between the ages of fourteen and sixteen years, to
whom an age and schooling certificate has been granted and who
is regularly and lawfully employed, shall cause such child to
attend a continuation school for a period of at least six hours
during each week for at least thirty-six weeks in each year.
Such attendance shall be in the school district or the county in
which said child is employed and shall be during the hours when
said continuation school in such district or county is in session:
Provided, That for reasons satisfactory to the State board of
education, the commissioner of education may permit or require
such child to attend a continuation school in the school district
or the county in which he or she resides.
[ Section 12 is amended by requiring from the employer an
agreement to permit employed children to attend continuation
schools at least six hours per week for 36 weeks during the year;
also by making provision for transmitting and filing certificates of
children employed in other than the district of their residence.
Slight formal changes are made in sections 16 and 17, to con
form to the changes providing for a recognition of continuation
schools.]
C hapter
3 6 . —Employment
o f children— Hours of labor.
[This chapter amends section 9, chapter 252, Acts of 191.4, so as
to read as follows:]
S e c t i o n 9 . No minor under the age of sixteen years shall b e emHours per day
ployed, permitted or allowed to work in places coming under the and week,
provisions of this act, more than eight hours in a day or fortyeight hours in a week: Provided, That during the weeks of each
year that any continuation school now established, or which may
hereafter be established in the school district or the county in
which the minor is employed, shall be in session, no minor under During school
the age of sixteen years shall be employed, permitted, or allowed term,
to work in any place or places coming under the provisions of this
act for more than forty-two hours in each week; nor shall any
minor under the age of sixteen years be employed, permitted or
allowed to work in any place or places coming under the provisions
of this act after seven o’clock in the afternoon or before seven Night work
o’clock in the morning of any day; nor shall any child under the
age of sixteen years be employed, permitted or ailowed to work on
the first day of the week commonly known as Sunday, or any time Sunday labor,
during said day; any corporation, or the officers and agents there
of, the members of any firm, or the agents thereof, or any parent,
215
216
Violations.
L A B O R
L E G IS L A T IO N
O F
1919.
parents or custodian of any child who shall violate any of the pro*.
visions of this section shall be liable to a penalty not to exceed fifty
dollars for each offense. Any place where a cliiid or children are
habitually employed contrary to the provisions of this section shall
be a disorderly house, and any corporation, or the officers or agents
thereof, the members or agents of any firm, or any person, owning,
operating or. managing said business shall be deemed to be guilty
of keeping a disorderly house, and upon conviction fhereof shall be
lined not to exceed one thousand dollars, or shall be committed to
jail, not to exceed three years, or both.
Approved April 7, 1919.
C hapter 37.— Employment of children in mercantile establish
ments.
[This act amends section 2, chapter 253, Acts of 1914, so as to
read as follows:]
Certificates reS ection 2. No child under the age of sixteen years shall be
4.uirc<3.
employed, allowed, or permitted to-work in or in connection with
any mercantile establishment unless such child shall produce an
age and schooling certificate as provided and required by law, nor
ii 3rg of labor
said child be employed more than eight hours in any one day,
ou
’ or more than forty-eight hours in any one week, or before seven
Ni^ht work
o’clock in the morning or after seven o’clock in the evening:
Pir ing school P r o v id e d , That during the weeks of each year that any continua
tion/*
tion school now established, or which may hereafter be established
in the school district or the county in which said child is employed,
shall be in session, no child under the age of sixteen years shall be
employed, permitted, or allowed to work in any place or places com
ing under the provisions of this act for more than forty-two hours
in any one week; nor shall any child under the age of sixteen
years be employed, permitted, or allowed to work on the first day
of the week, commonly known as Sunday, or any time during said
Sunday labor.
day. Any corporation, or the officers and agents thereof, the
members of any firm, or the agents thereof, any person, or any
parent, parents, or custodian of any child who shall violate any
Violations.
of the provisions of this section shall be liable to a penalty not to
exceed fifty dollars for each offense. Any place where a child
or children are habitually employed contrary to the provisions
of this section shall be a disorderly house, and any corporation,
or the officers or agents thereof, the members or agents of any firm,
or any person owning, operating, or managing said business, shall
be deemed to be guilty of keeping a disorderly house, and upon
conviction thereof shall be fined not to exceed one thousand
dollars, or shall be committed to jail not to exceed three years,
or both.
Approved April 7, 1919.
Chapter 74.— Vocational rehabilitation of handicapped persons.
DEFINITIONS.
(a) “ Physically handicapped” shall mean any person who, by
reason of a physical defect or infirmity, whether congenital or
acquired by accident, injury, or disease, is or may be expected to
be totally or partially incapacitated for remunerative occupation.
Rehabilitation,
(j)) “ Rehabilitation” shall mean the rendering of a person
physically handicapped fit to engage in a remunerative occupation.
Residence.
“ Residing in the State of New Jersey.” shall mean any
person who is and has been domiciled within the State for- one
year or more.
Commission
Section 1. There is hereby created a State commission for the
created.
rehabilitation of physically handicapped persons hereinafter re
ferred to as the commission, to be composed of the commissioner
of education, the commissioner of labor, and the commissioner of
charities and correction, and of three other members to be ap
pointed by the governor within thirty days after this act goes into
Physically
handicapped.
T E X T
O F
L A W S —
N E W
J E R S E Y .
217
effect, one of whom shall be appointed for a term of one year, one
for a term of two years and one for a term of three years. Their
successors shall be appointed in the same manner for the term of
three years.
Of the three members appointed by the governor one member, Representation,
and only one, shall be a person who, on account of his or her
vocation, activities, and affiliations can be considered as a repre
sentative of the employers of labor of the State, and one member,
and only one, shall be a person who, on account of his or her
vocation, activities, and affiliations, can be considered as a repre
sentative of organized labor.
As soon as the commission is organized, and during the month
of July of each year thereafter at an annual meeting, the com
mission shall elect its chairman.
Tke members of this commission shall serve without pay, but Expense*,
their actual expenses incurred in the performance of their duties
shall be paid out of the funds appropriated to conduct the activi
ties of the commission.
The governor shall have power at any time to remove any mem- Removal ot
ber of the commission appointed by him pursuant to the p ro v is io n s members,
of this act for inefficiency 01* neglect of duty, charges in writing
having been preferred and sustained after public hearing. Any
vacancy occuring during a term shall be filled for the unexpired
portion thereof by the appointment of a successor in the same man
ner as the predecessor was appointed.
Sec. 2. It shall be the duty of the commission to direct, as here- Duties,
inafter provided, the rehabilitation of any physically handicapped
persons sixteen (16) years of age or over residing in the State of
New Jersey: Provided , That said duty of this commission shall
not be construed to apply to aged or helpless persons requiring
permanent custodial care, or to blind persons under the care of the
State Commission to Ameliorate the Condition of the Blind, or to
deaf persons under the care of the State School for Deaf-Mutes, or
to any epileptic 01* feeble-minded person, or to any person who may,
in the judgment of the commission, not be susceptible of such re
habilitation.
Sec. 3. The commission shall appoint a director, who shall em- Appointees,
ploy such staff and special assistants as may be necessary to carry
out the purposes and objects of this a c t: Provided , That such staff
and special assistants shall be appointed by the director in ac
cordance with the provisions of an act entitled “ An act regulating
the employment, tenure, and discharge of certain officers and em
ployees of the State, and of various counties and municipalities
thereof, and providing for a civil service commission and defining
its powers and duties,” approved April tenth, one thousand nine
hundred and eight: And provided further , That there shall be em
ployed 110 teacher receiving salary for service who does not possess
a certificate of qualification issued under rules prescribed by the
State board of education.
S ec. 4. The commission shall have power:
(1) To establish relations with all public and private hospitals Powers of eomto receive reports of any persons under treatment in such hospi- mission,
tals for any injury or disease that may permanently impair their
earning capacity in order that persons thus reported may be Reports f rom
promptly visited by representatives of the commission who shallhospital8*
make record of their condition and report to the commission.
The commission shall then determine whether the person is sus
ceptible of rehabilitation. Such persons as may be found so
susceptible shall be acquainted by the commission with the re
habilitation facilities offered by the State and the benefits of
entering upon remunerative work at an early date. Any person
who chooses to take advantage of these rehabilitation facilities
shall be registered with the commission, and a record kept of
every such person and the measures taken for his or her rehabili
tation. The commission shall proffer to any such person counsel
regarding the selection of a suitable occupation and of an appro
priate course of training, and shall initiate definite plans for
218
Accident
L A B O R
re-
P°rts*
H andicapped
residents of state.
Surveys.
Treatm ent.
Appliances.
school.
L E G IS L A T IO N
O F
1919.
beginning rehabilitation as soon as the physical condition of the
person permits.
(2) To arrange with the commissioner of labor to receive
reports of all cases of injuries received by employees in the
course of employment which may result in permanent disability.
The persons thus known to be injured may be visited, examined,
registered, and advised in the same manner and for the same
purposes as specified in clause one of this section.
(3 ) To receive applications of any physically handicapped
I>ersons resi(jjng witliin the State for advice and assistance re*
garding their rehabilitation. The persons thus known to be
physically handicapped may be visited, examined, and advised ia
the same manner and for the same purposes as specified in clause
one of this section.
( 4 ) To make surveys to ascertain the number and condition
of physically handicapped persons within the State. The persons
thus known to be physically handicapped may be visited, ex
amined, registered, and advised in the same manner and for the
same purposes as specified in clause one of this section.
( 5 ) To arrange for such therapeutic treatment as may be
necessary for the rehabilitation of any physically handicapped
persons who have registered with the commission.
(6 ) To procure and furnish at cost to physically handicapped
persons registered with the commission, artificial limbs and other
orthopedic and prosthetic appliances, to be paid for in easy install
ments, when such appliances can not be otherwise provided.
(7) To establish, maintain, and operate in one of the first-class
cities in the State a school to be known as “ The New Jersey
Memorial School for Rehabilitation,” and to establish, maintain,
and operate branches of the school at such other places as may,
in the judgment of the commission, be necessary. There shall be
provided at the school and its branches courses of training in
selected occupations for physically handicapped persons registered
with the commission whose physical condition may, in the judg
ment of the commission, require special courses of training to
render them fit to engage in remunerative employment, and who
will be assigned by the commission to the school or to any of its
branches for the purpose of such special training.
The commission shall make the necessary rules for the proper
conduct and management of the school and its branches; shall
have control and care of the building'and grounds used by the
State for the school and its branches, and the funds for the sup
port thereof, appropriated by the State; shall purchase the neces
sary equipment and supplies; and shall prescribe the courses and
methods of training to be given at the school and its branches.
Training
(8 ) To arrange with the commissioner of education for traincourses.
ing courses in the public schools in the State in selected occupa
tions for physically handicapped persons registered with the com
mission.
(9) To arrange with any educational institution for training
courses in selected occupations for physically handicapped persons
registered with the commission.
(10) To arrange with any public or private organization or
commercial, industrial, or agricultural establishment for training
courses in selected occupations for physically handicapped persons
registered with the commission.
M aintenance
costs.
Social servicc.
(11) To provide maintenance costs during the prescribed period
0f training for physically handicapped persons registered with the
commission: Provided, That when the payment of maintenance
costs is authorized by the commission it shall not exceed ten dollars
($10) per week, and the period during which it is paid shall
not exceed twenty weeks, unless an extension of time is granted
by a unanimous vote of the commission.
(12) To arrange for social service for the visiting or physically
handicapped persons registered with the commission and of their
families in their homes during the period of treatment and train-
T E X T
O F
L A W S ----N E W
J E R S E Y .
219
ing and after its completion to give advice regarding any matter
that may effect rehabilitation.
(13) To cooperate with the commissioner of labor in the place- Placement,
ment in remunerative employment of physically handicapped per
sons registered with the commission.
( 1 4 ) To conduct investigations and surveys of the several in- in vestiga tion o f
dustries located in the State to ascertain the occupations within trades» etceach industry in which physically handicapped persons can enter
upon remunerative employment under favorable conditions and
work with normal effectiveness, and to determine what practicable
changes and adjustments in industrial operations and practices
may facilitate such employment.
(15) To make such studies and reports as may be helpful for Reports,
the operation of this act.
(16) To keep the people of the State informed regarding the
operation of this act.
(17) To cooperate with any department of the Federal Govern- Cooperation,
ment or of the government of the State of New Jersey or with
any county or municipal authorities within the State or with
any private agency in the operation of this act.
S e c . 5 . The commission shall have further power to extend the
N onresidents,
benefits of this act to any physically handicapped person who is
not a resident of New Jersey upon payment of such fees for the
services rendered as shall be fixed by the commission.
S e c . 6. The provisions of this act shall be liberally construed Construction,
in order that its purposes and objects may be fully effectuated.
S e c . 7 . To purchase or lease land, construct or rent buildings, A ppropriations,
provide the equipment, and meet all the expenses necessary to
establish, maintain, and operate the school to be known as the
“ New Jersey Memorial School for Rehabilitation,” and to conduct
the other activities of the commission authorized by this act, there
is hereby appropriated the sum of five thousand dollars ($5,000),
for the purpose of conducting the necessary surveys of the wTork
to be undertaken by this commission, and, in addition thereto,
there is hereby appropriated the sum of one hundred thousand
dollars ($100,000) for the purpose of carrying into effect the pro
visions of this act, such moneys to be available whenever they are
included in any annual or other appropriation bill.
Sec. 8. A report on the activities of the commission authorized Annuai reports,
by this act shall be submitted annually to the governor, together
with a statement of the sum necessary to conduct said activities
during the ensuing year.
Sec. 10. If any section or provision of this act be decided by the Provisions
courts to be unconstitutional or invalid, the same shall not affect erablethe validity of this act as a whole or any part thereof other than
the part so decided to be unconstitutional or invalid.
Approved April 10, 1919.
C hapter
sev-
151 .— Department of labor— Inspection of steam boilers.
[This act amends chapter 363, Acts of 1913, as amended by chap
ter 251, Acts of 1917, and chapter 213, Acts of 1918.]
S e c t io n 1. Within sixty days after this act shall take effect there Boiler fnspec*
shall be established in the department of labor a bureau to b etion bureau,
known as the boiler inspection bureau, which shall consist of the
commissioner of labor as head, the members of the steam engine
and boiler operators’ license bureau, created under the provisions
of * * * [Chapter 363, Acts of 1913], and such inspectors
as the commissioner of labor shall deem necessary, who shall have
the qualifications and be appointed in the manner hereinafter pre
scribed in this act. The members of the steam engine and boiler
operators’ license bureau, under the direction of the commissioner
of labor, shall exercise supervision over all the inspections made
under this act and shall also direct and supervise the inspectors
hereinafter provided for.
220
L A B O R
L E G IS L A T IO N
O F
1019.
The said members of the steam engine and boiler operators’
license bureau shall also have all the powers and privileges and be
entitled to the same emoluments as said inspector.
Duties.
S ec . 2. The said boiler inspection bureau shall be in charge of
the inspection of all of the steam boilers located within this State
carrying a pressure of more than fifteen pounds per square inch,
and also refrigerating plants in this State using ammonia or ethyl
chloride of over three tons refrigerating capacity.
The members of said boiler inspection bureau shall be subject to
the direction, control, and approval of the commissioner of labor,
who shall prescribe their duties and who shall make such rules and
regulations for the operation of such bureau as he may deem
necessary.
Qualifications.
S ec . 3. Any person who shall be a citizen of the State of New
Jersey, who has had at least five years’ experience as an engineer
in the care and operation of steam boilers, or who has had at least
live years’ experience as a boiler-maker, or who has been for five
years an inspector of an insurance company issuing insurance upon
boilers and licensed to do business within this State, who shall
satisfactorily pass the examination hereinafter provided for, shall
be eligible to the office of inspector in the said boiler inspection
.
bureau.
* c-tors
Sec. 5. The commissioner of labor shall appoint the necessary
lij&pec ors.
inspectors from those who have satisfactorily passed said ex
amination and shall issue to the inspector so appointed a license,
which license shall be signed by the commissioner of labor and
be sealed with the seal of the department of labor, and when so
licensed such inspectors shall be authorized and empowered to
conduct inspection of steam boilers within this State. Said in
spectors shall hold office during the pleasure of the commissioner
of labor and shall perform such duties as the commissioner of
labor shall by rule direct,
inspections.
s Ec. 6. All steam boilers carrying a pressure or [of] more than
fifteen pounds per square inch shall be inspected internally and ex
ternally and be subject to a hydrostatic test, if necessary, at least
once in each year by an inspector of the boiler-inspection bureau,
excepting, however, such steam boilers as may be insured after
having been regularly inspected in accordance with the terms of
this act by insurance companies: Provided , however, That the in
spectors of such insurance companies shall have satisfactorily
passed the examination and been licensed by the commissoiner of
labor under the terms of this act for the inspection of steam boilers;
the inspections of any steam boiler by such licensed inspector of an
insurance company shall be acceptable in lieu of other inspections
by the boiler-inspection bureau. This act shall not apply to steam
boilers in marine or railroad service that are subject to United
States Government inspection and regulations, or to fire depart
ment apparatus or motor road vehicles.
Kuies.
Sec. 10. The commissioner of labor is hereby authorized to
make such rules and regulations covering the manner of conduct
ing inspections, the method of collecting fees, the settlement of
accounts and payment of money on the part of licensed inspectors
by insurance companies as he may deem necessary.
Reports by inSec. 11. Any insurance company making an inspection of any
t ura nee com - steam boiler shall make a report of such examination to the com
pares.
missioner of labor in such manner and at such intervals as
he may by rules provide, and shall pay to said commissioner of
labor a fee of one dollar for each boiler insured within the State,
Condemnation.
Sec. 13. If, after any inspection, it is found that any steam
boiler is unfit for use, the inspector making such inspection shall
order the use of said boiler to be discontinued until such time
as proper repairs or replacements are made, and it shall be the
duty of said owner of said steam boiler before continuing tire
use of said steam boiler to cause the same to be properly repaired
or replaced, and when said repairs or replacements are complete
T E X T
O F
L A W S —
N E W
J E R S E Y .
221
tew notify the commissioner of labor, who thereupon shall cause
a further inspection of said steam boiler in order to determine
whether such repairs or replacements have been properly made,
and if said inspection discloses that such steam boiler is fit for
use the said inspector shall deliver to said owner a certificate
entitling said owner to recontinue its use.
Sec. 14. Any owner or operator of any steam boiler who is dis- Appeal,
satisfied with the result of any such inspection may appeal to the
commissioner of labor by mail and upon the receipt of any such
appeal the commissioner of labor shall direct one of the members
of the steam engine and boiler operators’ license bureau to con
duct an inspection of such steam boiler and make a report of such
inspection to tlie commissioner of labor, who thereupon shall
render his decision, which decision shall be final.
Sec. 15. All steam boilers in this State shall be required to con- New reguiaform to such regulations and standards as are from time to time{jcr,s*
adopted by the board of boiler rules.
Approved April 14, 1919.
C hapter
152.— Employment of children— Continuation schools.
Section 1. The following words and phrases as used in this act Definitions,
shall, unless a different meaning is plainly required by the context,
have the following meanings:
(a) ‘‘ Continuation school” shall mean a class, school, or de
partment of a school having a separate organization of pupils
and course, or courses, of study for the purpose of giving instruc
tion to children to whom have been granted age and schooling cer
tificates.
(b) “ Vocational class” in a continuation school shall mean a
class for children to whom have been granted age and schooling
certificates in which the controlling purpose of the instruction is
to fit for profitable employment.
Sec. 2. On and after July first, one thousand nine hundred and ts£?.°£l6, to fce
twenty, the board of education in every school district in this
State in which there are employed twenty or more children be
tween the ages of fourteen and sixteen years to whom have been
granted age and schooling certificates in accordance with the child
labor and compulsory education laws, shall establish and maintain
a continuation school or continuation schools. * * *
Approved April 14, 1919.
C h apter
172.— Department of labor— Inspectors.
[This chapter amends section 1 of chapter 58, Acts of 1917, by
striking out the provisions for the payment of fixed sums to the
various classes of inspectors, and enacting that they shall receive
such compensation as is or may be fixed by the State civil-serviee
commission, in accordance with the provisions of chapter 24, Acts
of 1918.]
C hapter
1S2.— Payment of wages in scrip .
S e c t io n 1. It shall not be lawful for any person or corporation Orders, etc., to
in this State to issue, for payment of labor, any order or otherbe redeemable,
paper whatsoever, unless the same is negotiable and purport to be
redeemable for its face value at sight in lawful money of the
United States, by the person giving or issuing the same: And
provided, however, Nothing in this act contained shall prevent any
private individual from giving any orders for goods and mer
chandise on any store in which such private individual has no
interest, directly or indirectly, in the profits or business.
,S e c . 2. This act shall take effect immediately.
A p p ro v e d
A p r il
15,
1919.
222
L A B O R
L E G IS L A T IO N
C hapter
D efinitions.
Bureau of mines.
Appointment.
Inspector.
Duties.
O F
1919.
187.— Mine regulations.
S e c t io n 1 . For the purpose of this act the following words and
terms shall be deemed and taken to have the meanings herein
given to them:
Mine. The term “ mine ” shall include any and all mines within
the State, and any mining plant and equipment therewith, under
ground or on the surface, which contributes or may contribute to
the mining or handling of ore, coal, or other metalliferous or nonmetalliferous products.
Operator. The term “ operator,” when used in this act, shall
mean the person, firm, association, company, or corporation in
immediate possession of any mine or mining claim, or accessories
thereof, as owner or lessee thereof, and as such responsible for
the management and condition thereof.
Inspector of mines. The term “ inspector of mines ” or “ in
spector ” when used in this act shall mean the inspector attached
to the bureau of mines.
Excavations or icorlcings. The words “ excavations ” and “ work
ings ” when used in this act, shall mean any or all parts of a mine
excavated or being excavated, including shafts, tunnels, entries,
winzes, raises, stopes, open cuts, and all working places, whether
abandoned or in use.
S e c . 2. There is hereby created within the department of labor
a bureau of mines. Such bureau shall consist of an inspector of
mines, who shall have practical knowledge and skill in the work
in and operation of mines and such additional employees, as may,
in the judgment of the commissioner of labor, be necessary.
Sec. 3. The inspector of mines and other employees shall be
appointed by the commissioner of labor in accordance with the
provisions of an act entitled “An act regulating the employment,
tenure, and discharge of certain officers and employees of this
State, and of the various counties and municipalities thereof, and
providing for a civil service commission, and defining its powers
and duties,” approved April tenth, one thousand nine hundred
and eight: Provided, however, That nothing contained in this act
shall limit in any w^ay the power granted the commissioner of
labor under the provisions of the act of which this act is a supple
ment, to assign or transfer inspectors from one bureau to another,
or stenographers or clerks from one bureau to another, as may be
necessary or advisable, or to require from one bureau assistance in
the work of another bureau. The salaries of the inspector and
other employees shall be fixed by the commissioner of labor. The
inspector and other employees or appointees in this bureau shall,
in addition to their compensation, be reimbursed for their actual
and necessary expenses incurred in the performance of their
duties.
S e c . 4. The inspector of mines shall be a qualified elector of the
State and a resident thereof at least two years prior to his appoint
ment, and not under thirty years of age, and shall have been prac
tically engaged in and acquainted with mines and mining in this
State, and shall have at least seven years’ experience in the under
ground mining.
S ec . 7. It shall be the duty of the inspector to visit, at least once
in every three months, every mine in this State, employing twentyfive or more men underground, and every other working mine em
ploying six or more men, at least twice each year, and oftener if
in his opinion the safety of the men employed in the mine so re
quires ; and to inspect, investigate, inquire, and examine into the
operation, workings, timbering, safety appliances machinery, sani
tation, ventilation, means of ingress and egress, means taken to
protect the lives and insure the safety of the miners, together with
the cause of accidents and accidental deaths therein, and in gen
eral to inspect, ascertain what means are taken to comply with the
provisions of this act. For the purpose of making such inspection,
and ascertaining facts in connection with such investigation, ex
amination, and inquiry the inspector shall have full power and
TEX T OF L A W S— N E W JERSEY.
223
authority upon exhibition of liis certificate of appointment, at all
hours, to enter and examine any part of a mine, and to visit, in
vestigate, and examine any plant or equipment connected there
with within this State or any part of the workings thereof. All
operators and their employees shall render to the inspector such
assistance as may be necessary to enable the inspector to make
such examination,
[The remaining sections of the act (8 to 36, inclusive) present
tlie usual provisions of such a law, including the issue and en
forcement of orders, reports of accidents, provisions for first aid,
regulations as to maps, explosives, blasting, fire protection, escape
shafts, hoisting and lowering men, ladderways, ventilation, signals,
provisions for rescue, etc.]
Approved April 15, 1919.
C h apter 251.— F actory etc., regulations— Fire-alarm systems.
S ection 1. Every factory, workshop, mill, or place where the. System to be
manufacture of goods of any kind is carried on which is more installed> when,
than two stories in height above grade on three sides of such build
ing and wherein more than twenty-five (25) operatives are em
ployed above the first lloor or grade level shall be equipped with
an electrical fire-alarm system or its equivalent in efficiency, except
all buildings coming within the intent of this act that are equipped
with an approved and efficiently maintained sprinkler system shall
be exempt from the provisions requiring the installation of elec
trical fire-alarm equipment or its equivalent in efficiency, provided
such sprinkler equipment in the judgment of the commissioner of
labor is deemed sufficient protection to the occupants. The elec
trical fire-alarm system or its equivalent in efficiency shall include
sufficiently loud sounding gongs or other approved devices located
on each floor or subdivision of floors of such building to be distinctly
heard above the noise of machinery and other sounds. All firealarm systems in buildings hereby required to be so equipped shall
be installed in conformity with the standards of the department of
labor, and shall be maintained at full operating efficiency con
tinuously throughout the tenancy of such buildings.
S ec . 2. The system shall be so installed as to permit the sound- Alarm through
ing of all alarm gongs or other devices within a single building out building,
whenever the alarm is sounded in any one portion thereof; the
means of sounding this alarm shall be placed within easy access
of all the operatives within the specified factory or section thereof,
preferably at usual means of egress, and shall be plainly labeled.
S ec . 3. The system of fire alarm shall be used for no other than TT r_ hMpfprl
for fire protective purposes.
S ec . 4. The fire-alarm system shall be tested daily at or before Tests
the hour of commencing work, and such tests shall consist of two
taps (or blasts). All the fire-alarm boxes in such fire-alarm sys
tems shall be tested once in each calendar month. Reports shall
be maintained by the management of any factory, workshop, mill,
or other work place wherein such system exists of the daily tests,
monthly tests, and fire drills.
S ec . 5. It shall be the duty of the person in charge of any Alarm to be
factory, workshop, mill, or other place where the manufacture of sounded,
goods of any kind is carried on within a building equipped with
such a system to immediately cause the alarm to be sounded in the
event of fire.
S ec . 6. A fire drill sufficient to enable the operatives of a fac- Fire drills,
tory, workshop, mill, or other work £>lace immediately and rapidly
to leave the premises shall be maintained in every factory build
ing more than two stories in height, and shall be practiced at least
once in every calendar month, and the management normally in
charge of such factory, workshop, mill, or other place shall prop
erly instruct all operatives in the method of practicing these fire
drills. A demonstration of this drill shall be given at the request
of a representative either of the department of labor or of the
fire department of the municipality in which the factory, work-
224
Enforcement.
Penalty.
Force of act.
L A B O R
L E G IS L A T IO N
O F
1010.
shop, 11)111, or other work place is located. The chief of each fire
department shall advise the commissioner of labor of any viola
tions of the requirements of the law coming to his knowledge.
Sec\ 7. The commissioner shall have power to enforce the pro
visions of this act by order in writing served upon the owner or
owners of any building coming within the operation of this act,
specifying the directions to be executed and the time limited for
the completion thereof. Any person, firm, or corporation failing
or neglecting to comply with the terms of such order within the
time therein limited, or any extension thereof granted by the
said commissioner, shall be liable to a penalty of one hundred
dollars for such failure and to a further penalty of ten dollars
for each day that shall elapse after the expiration of the time
limit until compliance is made with the terms of such ordqp. If
the order is not complied with within the time limited, in addition
to the foregoing penalty, the commissioner shall forthwith cause
the said building to be closed for manufacturing purposes until
such order is complied with. The commissioner shall give the
owner of such building twenty-four hours’ notice, in writing,
of a closing order, and tlien shall post on the doors of such build
ing a notice that such building has been closed for manufacturing
purposes pending compliance with an order of the department
of labor. If the said building shall be used for any manufac
turing purpose until such order shall have been revoked by the
said commissioner upon compliance with said order, the owner
of such building shall be liable to a penalty of one thousand
dollars.
For violation of any mandatory portion of this act, if an order
of the commissioner with reference thereto has not been issued,
the owner of such building shall be liable to a penalty of one
hundred dollars.
Sec. 8 . The provisions of this act shall be construed as furnish
ing minimum requirements for the guidance of said commissioner
of labor; he may multiply or add such requirements as in his
judgment are necessary and proper in each particular case. No
municipality shall issue order 01* permits in derogation thereof,
but any municipality may require, in addition thereto, such pre
cautions or devices as are not inconsistent with the provisions of
this act, but the municipality shall be responsible for the enforce
ment of the orders issued under its authority.
Approved April 17,1919.
NEW MEXICO.
ACTS OF 1919.
C h a p t e b S 4 . — State
mine inspector— Salary.
on 53G4 of the New Mexico Statutes, annotated Codification
If rift, is amended to read as follows:
S h(*. 50. The inspector shall give bond to the State in the sum
of four thousand dollars ($4,000) and shall receive as compensa
tion for his service the sum of two thousand four hundred dollars
42.400) per annum, payable monthly, and in addition actual and
in cessary transportation and traveling expenses.
Approved March 15, 1919.
C hapter
Section
1.
Bond,
Salary.
140.—Employment of labor— Anarchists.
S ection 5. Any person, firm, or corporation employing or hav- Employers Hahiv: in Ins employ any person or persons knowing him or tliemble*
t«> he actively engaged in advocating, teaching, or encouraging the,
violation of any of the provisions of this act shall be deemed
<;uiliy of a misdemeanor and upon conviction thereof shall be
punished by a fine of not les*s than one hundred dollars nor more
than live hundred dollars, or by imprisonment in the county jail
for not less than sixty days nor more than six months, or by both
sut'h line and imprisonment, in the discretion of the court.
Approved March IT, 1919.
1757°— 21------ 15
225
NEW YORK.
ACTS OF 1919.
C hapter
85.— D epartm ent o f labor— Bureau o f women in industry,
[This chapter amends section 42 of chapter 31, Consolidated
Laws, as amended by chapter 674, Acts of 1915, by adding to the
bureaus therein enumerated a bureau of women in industry.
Section 2 of the act reads as follows:]
S e c t i o n 2 . The following sums, or so much thereof as may be
necessary for the purpose of the appropriation, are hereby appro
priated, repcctively, for salaries of employees in the bureau of
women in industry, of the department of labor:
Salaries,
Chief_______________________________________________________ §2,500
Five investigators, at $1,500 each__________________________
7, 500
Stenographer_______________________________________________
900
The amount specified or appropriated for any such salary shall
be the salary for the position indicated for one year. The moneys
appropriated shall be paid out by the State treasurer on the
warrant and audit of the comptroller, upon vouchers approved by
the State industrial commission.
Became a law March 20, 1919.
C h a p t e r 2 2 8 .—
Inspection of steam boilers.
S e c t i o n 1. Section ninety-one of Chapter
* * * thirty-one
of the Consolidated Laws, as added by chapter three hundred and
forty-seven of the laws of nineteen hundred and fifteen, is hereby
amended to read as follows:
Section 91. The commission shall cause to be inspected at least Annual inspcconce each year, all boilers used for generating steam or heat whichtions*
carry a steam pressure of more than fifteen pounds to the square
inch, except where a certificate is filed with such commission by a
duly authorized insurance company, in conformity with the rules
and regulations of the commission, and certifying that upon such
inspection such boilers have been found to comply with the rules
and regulations adopted by the commission and to be in a safe con
dition. Every such insurance company shall report to the commis
sion all boilers insured by them coming within the provisions of
this section including those rejected, together with the reasons
therefor. A fee of five dollars shall be charged the owner or lessee Fee.
of the Consolidated Laws, as added by chapter three hundred and
ternal inspection made by the inspector of the commission but not
more than the sum of seven dollars shall be collected for the in
spection of any one boiler for any year. Such fee shall be pay
able within thirty days from the date of such inspection. If a
certificate of inspection filed in the office of the commission shows
a boiler to be in need of repairs or in an unsafe or dangerous con
dition, the commission shall order such repairs to be made to such
boiler as in its judgment may be necessary and it shall order the Orders,
use of such boiler discontinued until such repairs are made or such
dangerous and unsafe conditions remedied. Such order shall be
served upon the owner or lessee of the boiler, personally or by
mail, and any owner or lessee failing to comply with such order
within a time to be specified therein, which shall be not less than
ten days from the service of the order if served personally and not
less than fifteen days from the mailing thereof if served by mail,
shall be liable to a penalty of fifty dollars for each day's neglect
thereafter. Every owner or lessee of any such boiler who shall
use or allow a boiler to be used by any one in his employ after re-
227
228
Exemptions.
LABOR LEGISLATION OF 1919.
eeiving notice tliat such boiler is in an unsafe or dangerous con-*
dition shall be subject to a penalty of not to exceed live dollars for
each day on whicli such boiler is used after receipt of such notice:
Owners and lessees of boilers shall attach to such boilers the num
bers assigned by the commission under a penalty of live dollars for
each day's failure so to do after such numbers have been assigned.
The provisions of this section shall not apply to cities in which
boilers are regularly inspected by competent inspectors acting
under the authority of local laws 01* ordinances. Said cities shall
enforce the boiler code as adopted by the commission.
Boilers subject to inspection by the public service commission,
inspectors of steam vessels under the State superintendent of pub
lic- work and United States Government are exempted.
Became a law April 15, 1919.
C h apter 308.— Stock for employees of corporations.
[This chapter adds a new section to chapter 59, Consolidated
Laws, as follows:]
Power to issue.
S ection (>2-a. Any corporation may with the consent of the
stockholders under such restrictions as they shall impose issue
any part 01* all of the additional stock authorized pursuant to
section sixty-two of this act to employees of the corpora
tion. * * *
Became a law May 3, 1919.
C h apter 373.— M others’ pensions.
[This act amends subdivision 1 of section 153, chapter 24, Con
solidated Laws, added by chapter 228, Acts of 1915, by adding
a provision admitting to the benefits of the act the widow of a
man who had resided two years in the State immediately preced
ing his death, whose child or children were born in the United
States, and who had declared his intention of citizenship within
two years preceding his death.]
C h apter 402.— Factory, etc., regulations— Definitions.
[This chapter amends the definition of
ment as found in section 2 of chapter 31,
inserting the words, “ Where one or more
after the word “ place ” in the first line of
a mercantile establish
Consolidated Laws, by
persons are employed ”
the paragraph.]
C h apter 403.— F actory, etc., regulations— Inspectors.
S ection 1. Section fifty-four of chapter * * * thirty-one of
the Consolidated Laws, as renumbered and last amended by chap
ter one hundred and forty-five of the laws of nineteen hundred
and thirteen, is hereby amended to read as follows:
Inspectors, facgEC 54 ^ Factory inspectors: There may be appointed not
,ry*
more than two hundred and twenty-live factory inspectors, not
more than fifty of whom shall be women, within the appropriation
granted by the legislature. Such inspectors shall be appointed
by the commission and may be removed by it at any time. The
Salaries.
inspectors shall be divided into seven grades. Inspectors of the
first grade shall each receive an annual salary of one thousand
two hundred dollars; inspectors of the second grade shall each
receive an annual salary of one thousand five hundred dollars;
inspectors of the third grade shall each receive an annual salary
of one thousand eight hundred dollars; inspectors of the fourth
grade shall each receive an annual salary of two thousand dollars
and may be attached to the division of industrial hygiene and
act as investigators in such division; inspectors of the fifth grade,
of whom there shall be not more than nine, one of whom shall
be able to speak and write at least five European languages in
addition to English, shall each receive an annual salary of three
thousand five hundred dollars and shall act as supervising inspec-1’
tors; inspectors of the sixth grade, of whom there shall be not
less than three and one of whom shall be a woman, shall act as ’
TEX T OF LAW S— N E W YORK.
229
medical inspectors and shall each receive an annual salary of
two thousnd live hundred dollars; inspectors of the seventh grade,
of whom there shall be not less than four, shall each receive an
annual salary of three thousand live hundred dollars; all of the
inspectors of tlie sixth grade shall be physicians duly licensed to
practice medicine in the State of New York. Of the inspectors of
the seventh grade one shall be a physician duly licensed to prac
tice medicine in the State of New York, and he shall be the
chief medical inspector; one shall be a chemical engineer; one
sliall be a mechanical engineer, and an expert in ventilation and
accident prevention; and one shall be a civil engineer, and one an
expert in tire prevention. Inspectors of the first grade who have Promotion,
served in said grade two years at the time this section as amended
takes effect, 01* who hereafter will have served two years in said
grade, shall be placed in the second grade. Inspectors of the
second grade, who have served in said grade two years at the
time this section as amended takes effect, or who hereafter will
have served two years in said grade, shall be placed in the third
grade. Inspectors of the third grade, who have served in said
grade two years at the time this section as amended takes effect,
or who hereafter will have served two years in said grade, shall
be placed in the fourth grade.
2. Mercantile inspectors: The commission may appoint from inspectors, merlime to time not more than twenty mercantile inspectors, not less can 1
than four of whom shall be women, and who may be removed by
it at any time. The mercantile inspectors shall be divided into
three grades. Each mercantile inspector of the first grade shall
receive an annual salary of one thousand two hundred dollars;
of the second grade an annual salary of one thousand five hun- Salaries,
dred dollars; and of the third grade an annual salary of one
thousand eight hundred dollars. Inspectors of the first grade who
have served in said grade two years at the time this section as
amended takes effect, or who hereafter will have served two years
in said grade, shall be placed in the second grade. Inspectors of
the second grade, who have served in said grade two years at the
time this section as amended takes effect, or who hereafter will
have served two years in said grade, shall be placed in the third
grade.
Sk<\ 2. The sum of twenty-two thousand eight hundred dollars Appropriation.
($22,800). or so much thereof as may be needed, is hereby appro
priated for carrying out the provisions of this act.
Became a law May 5, 1919.
Chapter 531.— Employed children— Continnation schools.
[This chapter amends article 22, chapter 16, Consolidated Laws.
Section 601 is made section 602, and subsequent sections are re
numbered accordingly. A new section 601 is enacted, containing
the principal provisions as to continuation schools. Some changes
are also made in section 600. The amended law follows:]
Section 600. The board of education of any city may establish,
acquire, conduct and maintain as a part of the public school sys
tem of such city the following:
1. General industrial schools in communities of less than twenty- Cities m ay es*
five thousand inhabitants open to pupils who have completed th e tebHsh industrial,
elementary school course or who have attained the age of fourteen
* schools,
years; and
2. Unit trade and technical schools open to pupils who have at
tained the age of fourteen years or who have completed the ele
mentary school course, or who have met such other requirements as
the commissioner of education may have prescribed; and
3. Schools of agriculture, mechanic arts and homemaking, open to
pupils who have completed the elementary school course or who have
attained the age of fourteen, or who have met such other require
ments as the local school authorities may have prescribed; and
4. Practical arts or homemaking schools open to pupils who
have completed the elementary school course, 01* who have at-
230
LABOR LEGISLATION OF 1919.
tained tlie age of fourteen years, or who have met such other re
quirements as the commissioner of education may have prescribed.
Special requirements may be prescribed for courses conducted in
communities of less than twenty-five thousand inhabitants.
5.
Evening vocational schools in which instruction shall be given
in the trades and industrial, agricultural and liomemaking sub
jects, and which shall be open to pupils over sixteen years of age,
who are regularly and lawfully employed during the day and which
provide instruction in subjects related to the practical work car
ried on in such employment; but such evening vocational schools
providing instruction in homemaking shall be open to all women
over sixteen years of age who are employed in any capacity during
the day.
The word “ school,” as used in this article, shall include any de
partment or course of instruction established and maintained in a
public school for any of the purposes specified in this section.
Continuation
gEa goi. Part-time or continuation schools shall be established
*
in cities and school districts, having a population of five thousand
or more inhabitants, a. The board of education of each city and of
each such school district in which there are twenty or more minors
above the age of fourteen years and below the age of eighteen years,
who are not in regular attendance upon instruction, shall estab
lish and maintain part-time or continuation schools or classes in
which such minors shall receive instruction. Such schools or
classes may be established in public school buildings, in other build
ings especially adapted for their operation, in manufacturing or
mercantile establishments and in factories. Such schools or
classes, wherever they are established or maintained, shall be
under the control and management of the board of education and
shall be a part of the public school system of the city or district
which maintains them. Courses of study in private or parochial
part-time or continuation schools or classes which meet the require
ments of the statutes and the regulations prescribed thereunder
may be approved by the commissioner of education and, when thus
approved, attendance thqreon shall be accepted for that required
under this article.
Time.
b. Such part-time or continuation schools or classes shall be
maintained each j^ear during the full period of time which the
public schools of a city or district are in session. The sessions of
such part-time or continuation schools or classes shall be on the reg
ular school days and for as many hours between the hours of eight
o’clock forenoon and five o’clock afternoon as shall be necessary to
provide the required instruction for such minors who reside in said
city or district.
Studies,
c. T he cou rses o f stu dy in such part-tim e or con tin u a tion schools
or classes shall be app roved by the com m issioner o f edu ca tion and
sh all in clude am on g oth er su b jects in stru ction in A m erican h is
tory, the rights and ob liga tion s o f citizen sh ip, in du strial h istory,
econ om ics, the essential featu res o f the la w s rela tin g to the in du s
tries taught, and shall also in clu d e such oth er su b jects as w ill en
la rg e the v oca tion a l in tellig en ce o f such m inors.
Terms.
d. The board of education of each city and of each such school
district shall make necessary arrangements to begin to operate and
maintain such part-time or continuation schools or classes, on the
opening of the public schools in September, nineteen hundred and
twenty, and shall annually thereafter in September open and main
tain additional schools and classes so that by the opening of the
public schools in September, nineteen hundred and twenty-five,
a sufficient number of such schools shall have been established as
to afford the required instruction under this article to those minors
who are required to attend such schools or classes.
Attendance.
e. E a ch m in or under th e age o f eighteen years, w ho is not in
regu la r attend ance upon a pu blic, p riva te or p a roch ia l sch ool or
w h o is regu la rly and la w fu lly em ployed in som e occu p a tion or
service, unless such m inor has com pleted a fou r-y e a r second ary
cou rse o f in stru ction app roved b y the regents o f the u n iversity,
shall attend a part-tim e or con tin u a tion school or class in the city
TEXT OF LAW S---- N E W Y ORK.
231
or district in which such minor resides or nuiy be employed. Such
jittendance shall be for not less than four hours per week and not
more than eight hours per week for each week which such school
or class is in session except that the school authorities may, sub
ject to the approval of the commissioner of education, permit any
such minor to increase the number of hours per week of required
attendance and decrease the number of weeks of required attend
ance. Such minor who is temporarily out of regular employment
or service shall attend such school not less than twenty hours per
week. The attendance upon a part-time or continuation school or
class shall be between the hours of eight o’clock forenoon and live
o’clock afternoon.
f. The commissioner of education shall make a survey of each Survey,
city or district to ascertain the industrial, commercial, economic
and social needs of such city or district and the benefits and oppor
tunities to be afforded'through the establishment of such part-time
or continuation schools or classes to the community and to those
who are required to attend such schools or classes. The industrial
commission and the commissioner of agriculture shall cooperate
wTitli the commissioner c^f education in making such survey.
g. The regents of the university shall establish regulations to Regulations,
govern and regulate the administration of such part-time or con
tinuation schools or classes and the attendance of minors thereon.
To meet local necessities the board of education of each city or
school district may establish regulations but such regulations
shall not conflict with the regulations adopted by the regents.
h. The parent, guardian or other person having the custody or Duty of parcontrol of a minor who is required under the provisions of this ents.
article to attend a part-time or continuation school or class shall
cause such minor to attend such school or class. A parent
guardian or other person who refuses or fails to comply with this
provision of the law shall be deemed guilty of a misdemeanor
and upon conviction shall be subject to a fine of not more than
one hundred dollars or by imprisonment for not more than ten
days, or both sucii line and imprisonment at the discretion of
the court. Any minor under sixteen years of age who fail [sic] to
attend upon instruction as defined by this article shall be subject
to the provisions of section six hundred and thirty-five of the
education law, and a minor over sixteen years of age who fails
to attend upon instruction as required by this act may be pun
ished for any such violation by a fine not exceeding ten dollars,
or by imprisonment for not more than ten days, or by both such
fine and imprisonment.
i. Any person, firm or corporation employing a minor between Employers,
the ages of fourteen years and eighteen years shall permit the
attendance of such minor upon a part-time school or class when
ever such part-time school or class shall have been established
in the city or district where the minor resides or may be em
ployed, and upon the termination of employment of any such
minor the employer shall return within three days the employment
certificate of such minor by mail to the school authorities, and a
person, firm or corporation employing a minor over fourteen
years of age and less than eighteen years of age contrary to
the provisions of this article shall be subject to a line of not less
than twenty-five dollars and not more than one hundred dollars
for each offense or by imprisonment in the city or county jail
for not less than five days and not more than ten days, or by
such fine and imprisonment at the discretion of the court. A per
son, firm or corporation, which has in its employ a minor who
fails to attend a part-time or continuation school or class as
required herein, shall immediately discontinue the services of
such minor upon receiving from the school authorities written
notice of the failure of such minor to attend such part-time or
continuation school or class, and a person, firm or corporation
violating this provision of law shall be subject to a fine of fifty
dollars for each offense.
LABOR LEGISLATION OF 101t>.
232
Enforcement.
j. The board of education of each city or district bavin" a
population of five thousand or more inhabitants is hereby re
quired to enforce the provisions of this law and the commissioner
of education is hereby charged with the duty and vested with
necessary authority to supervise the enforcement and administra
tion of this act.
*
'*
*
He
*
Schools in dis
S ec . 602. The board of education of any union free school dis
tricts.
trict shall also establish, acquire, and maintain general indus
trial schools, unit trade and technical schools, schools of agricul
ture, mechanic arts and home making, and practical arts or homemaking schools, and evening vocational schools for like purposes
whenever such schools shall be authorized by a district meeting.
The trustees or board of trustees of a common school district may
establish a school or a course in agriculture, mechanic arts, and
home making when authorized by a district meeting. * * *
C h a p te r 544.— W eekly day of rest— F actory, etc., regulations—
E levators.
[This act amends subdivision 1, section S-a, chapter 31, Con
solidated Laws, by requiring elevator operators to have a weekly
day of rest, as provided in that subdivision.
Subdivision 2 of section 93 of the same chapter is amended in
so far as it relates to elevator operation by substituting the words
“ male minor ” for the word “ child ” and the word “ person ”
where those words occurred, so that this section shall not relate
to the employment of females of any age employed as elevator
operators. A new article, 12-A, is added relating to the employ
ment of females as operators of elevators, as follows:]
S ection 175. No female minor under the age of eighteen years
Females under
18.
shall be employed or permitted to have the care, custody, or man
agement of or to operate an elevator, either for freight or pas
sengers, in any building or place within the State. A female of
the age of eighteen years or upward shall be deemed a woman
within the meaning of this article.
S ec . 176. 1. No woman shall be employed or permitted to work
Hours of labor.
in caring for, having the custody or management of, or operating
any such elevator more than six days or fifty-four hours in any
one week or more than nine hours in any one day.
2.
No woman shall be so employed or permitted to work before
Night work.
seven o’clock in the morning or after ten o’clock in the evening of
any day, except that if the elevator be used in connection with a
business or industry in which the employment of women between
six and seven o’clock is not prohibited, a woman may begin work
at the employment prescribed in this section not earlier than six
o'clock In the morning.
Scats.
S ec . 177. Suitable seats shall be provided and maintained for
any woman employed in caring for, having the custody or man
agement of, or operating any such elevator. Such employee shall
be allowed the use thereof at such times and to such extent as may
be necessary for the preservation of their health.
Time for meals.
S ec . 178. Not less than forty-five minutes shall be allowed for
the noonday meal of women employed in caring for, having the
custody or management of or operating any such elevator, unless
the commission shall permit a shorter time. Such permit shall be
kept conspicuously posted in the elevator or over or near the main
or ground floor opening leading thereto. The permit may be
revoked at any time. Whenever any such employee is employed
or permitted to work after seven o’clock in the evening, such em
ployee shall be allowed at least twenty minutes to obtain lunch
or supper between five and seven o’clock in the evening.
Kotiee to be
S ec . 179 A printed notice, in a form which shall be furnished
posted.
by the commission, stating the number of hours per day for each
day of the week-required of women employed in caring for, having
the custody or management of or operating any such elevator,
and the time when their work shall begin and end, shall be kept
TEXT OF LAW S---- X E W
Y ORK.
233
posted in a conspicuous place in the elevator 01* over or near
the main 01* ground floor opening thereto. Such employees may
begin their work after the time for beginning and stop before the
time for stopping such work, but they shall not otherwise be
employed, permitted, or suffered to work in such employment,
except as stated in the notice. The terms of the notice shall
not be changed after the beginning of labor on the first day of
the week without the consent of the commission.
S ec . 1 8 0 . There shall be provided and maintained for the use wash rooms
of all employees, whether men. women, or children, adequate and etc.
convenient wash rooms 01* washing facilities and a sufficient num
ber of suitable and convenient water-closets. Where the elevator
is used in or in connection with a factory or mercantile establish
ment, the provisions of sections eighty-eight, eighty-eight-a, one
hundred and sixty-eight-c, and one hundred and sixty-eight-e shall
apply to wash rooms, washing facilities, and water-closets for em
ployees mentioned in this section; and where the elevator is used
in any other building or place, the provision of such sections one
hundred and sixty-eight-c and one hundred and sixty-eight-e shall
apply to wash rooms, washing facilities, and water-closets for
employees engaged in caring for, having the custody or manage
ment of, or operating an elevator in such building or place. For the
purpose of so applying the sections last referred to, the term
“ mercantile establishment” as therein used shall be deemed to
mean and include a building in which the elevator is located or
with which it connects. Where wash rooms, washing facilities,
and water-closets, not required by this chapter before this article
takes effect, shall not have been heretofore provided, the time for
installing and providing the same shall be fixed by the commis
sion ; but such time shall not be earlier than September first,
nineteen hundred and nineteen, nor later than Jauary first,
nineteen hundred and twenty.
S e c . 1 8 1 . The provisions o f subdivision two of section one Hotels excepted,
hundred and seventy-six shall not apply to the care, custody, man
agement, or operation of an elevator in a hotel by a woman over
twenty-one years of age.
Became a law May 10, 1919.
C hapter 5 4 5 . — Protection of employees on buildings.
[This chapter amends sections 19, 20, and 21 of chapter 81,
Consolidated Laws, by substituting the word “ commission” for
the words “commissioner of labor ” where the enforcement officer
is mentioned, and making the proper changes in pronouns refer
ring thereto; also by extending the operations of the law to towns
and villages instead of confining it to cities as heretofore. Section
22, added by chapter 320, Acts of 1933, is renumbered as 23.]
C h apter 5 4 6 . — Industrial commission.
[This chapter substitutes the word “ commission ” for the words
“ commissioner of labor ” and “ industrial board” where they oc
curred in section 59 of chapter 31, Consolidated Laws. It also
provides for the extension of mercantile inspection to all cities,
and not alone to those of the first and second class.]
C hapter
5 8 2 . — Employment
of women and children— Hours of
labor.
[This chapter amends subdivision 1 of section 77, chapter 31,
Consolidated Laws, by inserting after the word “days ” the words
or “ forty-eight hours,” as a limitation of a week's work by a
child under sixteen years of age.
Subdivision 2 of section 161 of the same chapter, as amended,
is further amended by adding thereto the following:]
Except that females who are engaged or employed as writers
or reporters in newspaper offices shall not be affected by the limi
tations of the hours before seven o'clock in the morning or after
ten o’clock in the evening of any day as well as to the period of six
days in any one week.
Exceptions,
234
LABOR LEGISLATION OF
1919.
C h a p t e r 583..—Employment of wo-men on street railroads.
[This chapter adds a new section to chapter 31 of the Consoli
dated Laws.]
S ectio n 161-d. 1. No female, under the age of twenty-one years,
Age limit.
shall be employed, permitted, or suffered to work at any time i.i
any of the occupations specified in this section.
Hours.
2. No female over twenty-one years of age shall be employed,
permitted, or suffered to work in or in connection with the opera
tion of any street, surface, electric, subway, or elevated railroad,
or to sell or accept fares or admissions in any railroad station,
car,, or train of any street, surface, electric, subway, or elevated
railroad more than six days or fifty-four hours in any one week,
nor more than nine hours in any one day, nor before six o'clock
in the morning, nor after ten o’clock in the evening of any day.
3. The daily hours of labor of such female employees shall be
the period between the time of reporting for duty at the barn,
terminal, car, or station and the time when the employee is re
leased for the day. The daily hours of labor shall be consecutive,
except that one hour shall be allowed for meals.
Sanitary pro
4. The provisions of section one hundred and sixty-eight-b in
visions.
relation to drinking water; of section one hundred and sixtyeight-c in relation to wash stands, and section one hundred and
sixty-eight-e in relation to water-closets shall also apply to the
employments specified in this section. Such facilities shall be
provided in all stations, terminals, and car barns where women
are employed or report for duty. The provisions of section one
hundred and sixty-eight-d, in relation to dressing rooms, shall
also apply to the employments specified in this section, and such
facilities shall be provided in all terminals and car barns where
women are employed or report for duty.
Time for meals.
5. Not less than one hour in any one day shall be allowed for
the meals of the employees specified in this section, unless the
State industrial commission shall permit a shorter time. Such
permit, if granted, shall be kept posted in the main entrance of
the station, terminal, or car barn where such employees are em
ployed or report for duty, but it may be revoked at any time by the
State industrial commission.
Notice to be
0. A printed notice, in a form which shall be furnished by the
posted.
gtate industrial commission, stating the number of daily hours of
labor for each day in tlie week of the employees enumerated in
this section, and the time when their work shall begin and end,
shall be kept posted in a conspicuous place in each terminal
station, or car barn where they are employed or report for duty.
Such employees may begin their work after the time for beginning
or stop before the time for ending such work, as stated in such
notice, but shall not be otherwise employed, permitted, or suffered
to work in any occupation specified in this section, except as stated
therein. The terms of such notice shall not be changed after the
beginning of labor on the first day of the week without the conpent of the State industrial commission. The presence of such
employees in, or in connection with, the occupations specified in
this section at any other hours than those stated in the printed
notice, or, if no such notice be posted, before six o’clock in the
morning, or after ten o’clock in the evening of any day, shall con
stitute prima facie evidence of a violation of this section.
7. A time book, in a form to be approved by the State industrial
Time book.
commission, shall be correctly and properly kept, giving the names
and addresses of all female employees, and the hours employed
In occupations mentioned herein* and the hours worked by each of
them on each day and the time of beginning and ending the day’s
work, and shall be exhibited on the order of the State industrial
commission, or on the request of its subordinates promptly, on
demand.
B eca m e a la w M ay 12, 1919.
NORTH CAROLINA.
ACTS OF 1919.
C
h apteb
100.— Em ployment of children— General provisions.
S ection 5. No child under the age of fourteen years shall be Ase limit,
employed, or permitted to work, in or about or in connection with
any mill, factory, cannery, workshop, manufacturing establish
ment, laundry, bakery, mercantile establishment, office, hotel,
restaurant, barber shop, bootblack stand, public stable, garage,
place of amusement, brick yard, lumber yard, or any messenger
or delivery service, except in cases and under regulations pre
scribed by the commission hereinafter created: Provided, The
employments in this section enumerated shall not be construed
to include bona fide boys’ and girls’ canning clubs recognized by
the agricultural department of this State; and such canning clubs
are hereby expressly exempted from the provisions of this act.
S ec . 5a. It shall be the duty of the county boards of education P ublication of
of each county in the State of North Carolina to cause this act law.
to be published in full in some newspaper published in the county
if there be one, and if there be none, then in circular form and
distributed over the county at least four weeks prior to the open
ing of the schools after the first day of July, one thousand nine
hundred and nineteen.
S ec . 6. N o person u nder sixteen years o f age shall be employed or perm itted to w ork at n ight in any o f the places or
occu pation s re fe rred to in section five o f this act, betw een the
hours o f nine p. m. and six a. m., and no person u nder sixteen
years o f age shall be em ployed or perm itted to w ork in or about or
in con n ection w ith any q u a rry or mine.
S ec . 7. The State superintendent of public instruction, the sec-
Night work,
child welfare
retary of the State board of health, and the commissioner of public commission,
welfare of the State of North Carolina are hereby constituted the
State child welfare commission, and they shall serve without
additional compensation. It shall be the duty of this commission
to make and formulate such rules and regulations for enforcing
and carrying out the provisions of this act, and of chapter eightythree of the Public Laws of one thousand nine hundred and thir
teen, and chapter eight hundred and fifty-seven of the Public
Laws of one thousand nine hundred and nine, as in its judgment
it shall deem necessary.
S ec . 8. For the purpose of securing the proper enforcement o f Powers,
the provisions of sections five, six, and seven of this act, and of
chapter eighty-three of the Public Laws of one thousand nine
hundred and thirteen, chapter eight hundred and fifty-seven of
the Public Laws of one thousand nine hundred and nine, the said
commission, or its duly authorized agents, shall have authority
to enter and inspect, at any time, mines, quarries, mills, factories,
canneries, workshops, manufacturing establishments, laundries,
bakeries, mercantile establishments, offices, hotels, restau
rants, barber shops, bootblack stands, public stables, garages,
places of amusement, brickyards, lumber yards, and other places
of employment; and it shall be unlawful for any person, firm,
or corporation to refuse permission to enter, obstruct, or prevent
any duly authorized agent of said commission in his effort to
make the inspection herein provided for.
S ec . 9. The said commission shall have authority to appoint Agents,
and employ such agents for the purpose of enforcing the provisions
235
LABOR LEGISLATION OF 1910.
236
Cotifkates.
Expense?.
Violations,
of sections live, six, seven, and eight of this act as may be
found to be necessary, and they may use the county superintendent
of public welfare 01* chief school attendance officer or truant officer
of the several counties for the purpose of carrying out the pro
visions of sections live, six, seven, and eight of this act, and they
may use the agents specially designated for carrying out the pro
visions of sections five, six, seven, and eight of this act, to aid
in carrying out the provisions of sections one, two, and four of this
act iri regard to school attendance.
Sec. 10. If the employer of any person under sixteen years of
age shall, at the time of such employment, in good faith, pro
cure, rely upon, and keep on file a certificate issued in such form
and under such conditions and by such persons as the said com
mission herein provided for shall prescribe, showing that the
person is of legal age for such employment, such certificate shall
be prima facie evidence of the age of the person and the good
faith of the employer. No person shall knowingly make a false
statement 01* present false evidence in 01* in relation to any such
certificate or application therefor, or cause any false statement to
be made which may result in the issuance of an improper certifi
cate of employment.
Sec. 11. The State treasurer shall honor all warrants for neces
sary expenses incurred by said commission as aforesaid, for meet
ing the salaries and expenses of any agents employed by said com
mission in the enforcement of this act, and the necessary expenses
incurred by said commission in carrying out the provisions of
this act, out of funds not otherwise appropriated, such warrants
to be drawn upon the State auditor by the commission hereby
created, or its duly authorized agent: Provided, That said ex
penses so incurred shall not exceed the sum of six thousand dollars
per annum.
S ec . 12. Any person, firm, or corporation violating any of the
provisions of sections five, six, seven, eight, nine, and ten of
this act, or of the provisions of chapter eighty-three of the Public
Laws of one thousand nine hundred and thirteen, 01* of chapter
eight hundred and fifty-seven of the Public Laws of one thousand
nine hundred and nine, shall be guilty of a misdemeanor, and pun
ished by fine 01* imprisonment, or both, within the discretion of
the court.
Ratified this 10th day of March, A. D. 1919.
C h apter
Scope of Jaw.
150.— Employment
of children— School
Relief.
attendance—
S ection 1. If affidavit shall be made by the parent of a child
or by any other person that any child between the ages of eight
and fourteen years is not able to attend school by reason of neces
sity to work or labor for the support of itself or the support of
the family, then the attendance officer shall diligently inquire into
the matter and bring it to the attention of some court allowed
by law to act as a juvenile court, and said court shall proceed
to find whether as a matter of fact such parent 01* parents, or per
sons standing in locus parentis, are unable to send said child or
children to school for the term of a compulsory attendance for
the reasons given. If the court shall find, after careful investi
gation, that the parent or parents have made or are making a bona
fide effort to comply with the compulsory attendance act, and by
reason of illness, lack of earning capacity, or any other cause
which the court may deem valid and sufficient, are unable to send
said child or children to school as above mentioned, then the
court shall find and state what help is needed for the family to
enable the attendance law7 to be complied with. The court shall
transmit its finding to the county board of education of the county,
01*. in cities, to city school board in which the case may arise, and
said county board of education shall, in its discretion, order aid
to be given the family from the incidental expense fund of the
TEX T OF LA W S---- N O R TH CAROLINA.
school budget to an extent not to exceed ten dollars per
month for such child during the continuance of the compulsory
term : and shall at the same time require said officer to see that
the money is used for the purpose for which it is appropriated
and to report from time to time whether it shall be continued
<,r withdrawn. And the county board of education is hereby
authorized in making out the county budget to provide a sum to
Kieet the provisions of this act.
Ratified this 6th day of March, A. D. 1919.
Chapter 274.— In terferen ce with employment— Enticing em ployees.
[Section 3374 of the Revisal of 1905 is amended to prevent the
enticing away of “ tenants ” as well as employees, etc.]
237
Amount of aid.
NORTH DAKOTA.
ACTS OF 1919.
C hapter
151 .— The
Industrial Commission— State
business.
conduct
of
S ection 1. x\. commission is hereby created and established to Commi s si o
conduct and manage, on behalf of the State of North Dakota, cer- crej § ^ a
tain utilities, industries, enterprises, and business projects, now or
u ies‘
hereafter established by law. It shall be known as the Industrial
Commission of North Dakota, but may be designated as the indus
trial commission.
S ec . 2. The industrial commission shall consist of three mem- Members,
hers, namely: The governor, the attorney general, and the commis
sioner of agriculture and labor, of the State of North Dakota. Two
members shall constitute a quorum for the transaction of business.
The first meeting of the commission shall be held in the office of the
governor, at his call, within twenty days after this act goes into
effect. Its meetings thereafter shall be held at such times and
places as the governor or a majority of the commission may de
termine. It shall be provided by the proper authorities with suit
ably furnished offices at the seat of government.
S ec . 3. The governor shall be the chairman of the industrial Organization,
commission, and its attorney shall be the attorney general of the
State. In the transaction of its general business it may employ
secretaries and other subordinate officers, clerks, and agents, on
such terms as it may deem proper, appointing and discharging all
persons so engaged when and as, in its judgment, the public in
terests may require. The commission may require suitable bonds
of any such secretary or other subordinate officer, clerk, or agent,
and shall fix the amount of the compensation of each. Such com
pensation, together with other expenditures for operation and
maintenance of the general business of the commission, shall re
main within the appropriation available in each year for such
purpose.
S ec . 5. The in du stria l com m ission is h ereby em pow ered and di- Management
rected to manage, operate, con trol, and govern all utilities, indus- industries,
tries, enterprises, and business p rojects, n ow or h erea fter esta b
lished ow ned, undertaken, adm inistered, or operated by the State
o f N orth D ak ota, excep t th ose ca rried on in penal, ch aritable, or
edu ca tion a l in stitutions. T o that end it shall h ave the pow er, in Powers,
the exercise o f its sound ju dgm en t, and is hereby d ir e cte d :
(a )
T o determ ine the loca tion o f such u tilities, industries, en
terprises, and business p rojects.
• (b) For the State and in its name and behalf, in order to ac
complish the purposes of this act, to acquire by purchase,
lease, or by exercise of the right of eminent domain, as
provided by chapter 36 of the Code of Civil Procedure, Com
piled Laws of 1913, all necessary properties and property rights
and to hold and possess or to sell the whole or any part
thereof; to construct and reconstruct necessary buildings thereon;
to equip, maintain, repair, and alter any and all such properties
and the improvements thereon; and generally to use the same so
as to promote such utilities, industries, enterprises, and business
projects.
(c)
To appoint a manager, and all necessary subordinate officers
and employes, of and for each such utility, industry, enterprise,
and business project; to constitute any such manager its general
agent in the performance of its duties in the particular utility, in-
Managci.
230
240
LABOR LEGISLATION OF 1910.
dustry, enterprise, or business project in which he shall be engaged,
but subject, nevertheless, in such agency to the supervision, limi
tation, and control of the commission ; to employ such contractors,
architects, builders, attorneys, salesmen, clerks, accountants, and
other experts, agents, and servants, as in the judgment of the com
mission the interests of the State may require; and to define the
duties, designate the titles, and fix the compensation and bonds, of
all such persons so engaged in each such utility, industry, enter
prise, and business project: Provided, however, That subject
to the control and regulation of the commission the manager of each
utility, industry, enterprise, and business project shall appoint and
employ such deputies, assistants, and other subordinate, and
such contractors, architects, builders, attorneys, salesmen, clerks,
accountants, and other experts, agents, and servants as he shall in
his judgment deem are required by the interests of the utility in
dustry, enterprise, or business project of which he shall be in
charge. The total compensation of such appointees and employees
engaged in each several utility, industry, enterprise, and business
project, together with other expenditures for the operation and
maintenance thereof, shall remain within the appropriation and
earnings lawfully available in each year for such purpose.
Employees.
(d) To remove and discharge any and all persons appointed
in the exercise of the powers granted by this act, whether by the
commission or by any manager of any utility, industry, enter
prise or business project; and any such removal may be made
whenever in the judgment of the commission the public interests
require it: Provided, how ever, That all appointments and re
movals contemplated by this act shall be so made as the com
mission shall deem most fit to promote the efficiency of the public
service.
Prices.
(■£) To fix the buying price of things bought and the selling
price of things sold, incidental to the said utilities, industries,
enterprises and business projects, and to fix rates and charges,
for any and all services rendered thereby. In fixing such prices,
rates and charges, the commission shall make provision for accu
mulating a fund with which to replace, in the general funds of
the State, the amount received by the commission under the ap
propriation made in this act, as may be directed by the legislative
assembly.
Rules.
(f) To make rules, regulations, orders and by-laws for the
management and operation, and for the transaction of the busi
ness, of such utilities, industries, enterprises and business projects.
Fun(is.
(g) To procure the necessary funds for such utilities, industries,
enterprises and business projects by negotiating the bonds of the
State of North Dakota in such amounts and in such manner as
may be provided by law.
investigations.
(h ) To conduct investigations of all matters directly or indi
rectly with, or bearing upon the success of, any of the utilities,
enterprises and business projects under its management, and of all
matters which may directly or indirectly affect the methods, indus
tries, operations, processes, products or results thereof. In aid of
any such investigation the commission shall have the power to sum
mon and compel the attendance of witnesses, and to examine
them under oath, which any member thereof shall have the power
to administer. It shall have access to, and may order the pro
duction of, all books, accounts, papers, and property material to
such investigation. Witnesses other than those in the employ of
the State shall be entitled to the same fees as in civil cases in
the district court. The claim that any testimony or evidence
sought to be elicited or produced on such examination may tend to
criminate the person giving or producing it, or expose him to
public ignominy, shall not excuse him from testifying or pro
ducing evidence, documentary or otherwise; but no person shall
be prosecuted or subjected to any penalty or forfeiture for and on
account of any matter or thing concerning which he may testify
or produce such evidence: Provided, That he shall not be ex-
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erupted from prosecution and punishment for perjury committed
in so testifying. It shall be the duty of the commission to cause
the testimony so taken to be transcribed and tiled in the office of
the commission, at the seat of government, within ten days after
it is taken, or as soon thereafter as practicable, and when sotiled it shall be open for inspection by any person. Any person
failing or refusing to obey the order of the commission issued
under the provisions of this section, or to give or produce evidence
when required, shall be reported by the commission to the district
eourt or any judge thereof, and shall be dealt with bj^ the court
or judge as for contempt of court.
(i) To make rules and regulations for its own procedure; and General powers.
to do any and all things necessary or expedient in conducting the
business of such utilities, industries, enterprises, and business
projects, and in the accomplishment of the purposes of this act. "
Sec. 6 . The industrial commission shall prepare an annual re Reports.
port and file it in the office of the secretary of state not later
than the first day of February of each year. The report shall
contain an itemized account of its expenditures and a complete
and detailed financial statement of each utility, industry, enter
prise, and business project under its control, showing fully all
items of income and disbursements and liabilities of every nature
for the calendar year ending December 31st next preceding. The
report shall also set forth a list of all persons in the employ of
the commission, with the name of each person drawing a salary
under its authority, the amount of the salary and all other emolu
ments received, and the fund from which drawn.
S ec . 7. There is hereby appropriated out of the general funds Appropriation.
of the State, not otherwise appropriated, two hundred thousand
dollars, or so much thereof as may be necessary, to carry out the
provisions of this act. This appropriation is hereby made avail
able immediately upon the passage and approval of this act.
Approved February 25, 1919.
C h a p te r 168.— Mine regulations.
[This act constitutes a coal-mining code for the State. The
governor appoints an inspector for a term of two years at a salary
of $2,500 per annum, with clerical help at not above $1,200 per
annum, besides necessary traveling expenses.
Inspections of
workings, machinery, and appliances are authorized, and the
inspector is ex officio sealer of weights and measures. Examina
tions of mine foremen and mine examiners are provided for, and
applicants for these positions must secure a license after exami- •
nation. Maps showing annual surveys must be furnished. The
law requires washhouses for the workers, two means of egress
from all mines, guards at tops of shafts, stairways, or cages at
escapement shafts, ventilation, means of communication, drainage,
regulates blasting, the entering of mines, first-aid supplies, sig
nals, etc. In general, the provisions are those of a standard law.]
C hapter . 169.— Railroads— Sufficient crews for trains.
S ection 1. It shall be unlawful for any railroad company doing Freight trains
business in the State of North Dakota that operates more thanc 40 or more
four (4) trains in twenty-four (24) hours, to operate over any o fc
its lines, or any part thereof outside of the yard limits, any
freight or mixed trains consisting of more than forty (40) freight
or other cars, exclusive of caboose and engine with less than a
full train crew consisting of six (6 ) persons, to wit: One (1)
conductor, one (1 ) engineer, one (1 ) fireman, two (2 ) brakemen,
and one (1 ) flagman (such flagman to have at least one year’s
experience in train service). This section does not apply to
any branch or part of road that does not operate more than four
(4) trains in any twenty-four (24) consecutive hours.
1757°— 21-------16
242
other
lrailis*
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1519.
freight
Sec. 2. It shall be unlawful for any railroad company doing
business in the State of Nortli Dakota that operates more than
four (4) trains in. any twenty-four (24) consecutive hours, to
operate over any of its lines ar any part thereof outside of the
yard limits any freight or mixed trains consisting of less than
forty (40) freight or other cars, exclusive of caboose and engine,
with less than full train crewTconsisting of five (5) persons, to w it:
One (1) conductor, one (1) engineer, one (1) fireman, one (1 )
brakemanr and one (1 ) flagman (such flagman to have at least
one year’s experience in train service) : Provided, hoivever, That
a light engine may be manned by a crew consisting of not less
tlian one (1 ) conductor, one (1 ) engineer, and one (1 ) fireman.
Pas s enger
s e c . g. it shall be unlawful for any railroad company doing
liain8,
business in the State of North Dakota that operates more than
four (4) trains in any twenty-four (24) consecutive hours to
operate over any of its lines or any part thereof outside of the
yard limits, any passenger train consisting of more than four (4)
passenger or other cars with less than a full train crew consisting
of five persons, to wit: One (1) conductor, one (1) engineer, one
( 1 ) fireman, one (1 ) brakeman, and one (1 ) flagman (such flag
man to have at least one year’s experience in train service) : Pro
vided, That said conductor, flagman, or brakeman will not be re
quired to perform any of the duties of train baggage-master,
express messenger,, porter, or electrician,
violations.
S ec . 4. Any railroad company doing business in the State of
North Dakota wTho shall send out on its road or cause or permit
to be sent out or operated on its road, any train which is not
manned in. accordance with sections one, two, and three of this
act, shall be guilty of a misdemeanor, and upon conviction thereof
shall be fined not less than one hundred dollars ($100) nor more
than five hundred dollars ($500) for each offense-, and such com
pany shall be liable in treble damages for any sickness, injury,
loss, disability, or accident resulting from or caused by the viola
tion of any of the provisions of this act: Provided, That nothing
in this act shall apply to relief or wrecking, trains when the re
quired number of men are not available: And provided furth er,
That in case of an accident or sickness or other unavoidable hap
pening to any member of said crew by said train while en route
that it shall not be construed as violation hereof or any of the
provisions of this chapter to run said train to railroad division
point with less than a full crew.
Approved February 18, 1919.
C h apter 170.— H ours o f labor of women.
Scope of law.
Limit.
violations,
S ection 1. No female shall be employed in any manufacturing,
mechanical, or mercantile establishment,, laundry, hotel, or res
taurant, or telephone or telegraph establishment, or office, or in
any express or transportation company, in the State of North
Dakota more than eight and one-half (84) hours in any one day
or more than six (6 ) days or more than forty-eight hours in any
one week: Provided, hoivever, That this act shall not apply to
females working in rural telephone exchanges or in villages or
towns, of less than five hundred (500) population,
gE€ 2. Any person who violates any provision of this act shall,
upon conviction thereof, be punished by a fine of not less than
twenty-five dollars nor more than twro hundred dollars.
Approved March 6, 1919.
C h a p t e r 171.— Labor disputes— Injunctions.
injunctions reSECTION 1. No restraining order or injunction shall be granted
stncted.
]>y- any court of this State, asny judge or judges thereof in any case
involving or growing out of a dispute concerning terms ar condi
tions of employment, unless necessary to prevent irreparable in
jury to property or to a property right of the party making the
application, for which injury there is no adequate remedy at law,
T E X T
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243
and such property or property right must be described with par
ticularity in the application, which must be in writing and sworn
to by the applicant or by his agent or attorney.
Sec. 2. No restraining order or injunction shall prohibit any Strikes.
person or persons whether singly or in concert from terminating
any relation of employment or from ceasing to perform any work
or labor or from recommending, advising, or persuading others so Picketing1
to do; or from attending at any place where any person or per
sons may lawfully be, for the purpose of obtaining or communi
cating information, or from persuading any such person to work
or to abstain from working; or from ceasing to patronize any
party to such dispute; or from recommending, advising, or per
suading others so to do; or from paying or giving to, or with
holding from any person engaged in such dispute, any strike
benefits or other moneys or things of value; or from assembling
in a lawful manner, and for lawful purposes; or from doing an
act or thing which might lawfully be done in the absence of such
dispute by a single person; nor shall any of the acts specified in
this section be considered or held to be illegal or unlawful in any Acts held legal,
court in this State.
Sec. 3. In all cases involving the violation of the contract of Suits a* lawemployment, either by the employer or the employee where no
irreparable damage is about to be committed upon the property
or property right of either, no injunction shall be granted, but the
parties shall be left to their remedy at law.
Approved February 14, 1919.
C h apter 172.— Railroads— Shelters for employees on repair tracks.
S ection 1. Every company, corporation, person, or receiver en- tWho to pro
gaged in repairing or constructing railway cars, trucks, locomo-vlde sllellers*
tive engines, or other railroad equipment, shall erect and main
tain at every station or other point where five or more persons
are regularly employed and engaged in such construction or re
pairing, suitable buildings or sheds covering sufficient railroad
track to accommodate all of the cars, trucks, locomotive engines,
or other railroad equipment at any time under construction or
repair at that point, and to provide and insure shelter and pro
tection from rain, snow, or inclement weather to all of the men
and women so employed and engaged in such construction or
repair wrork: Provided , however, That the terms of this act shall
not apply to division terminals or other points where it is neces- Exception,
sary to make light repairs only on cars, nor to any repair of
cars loaded with time or perishable freight, nor to the repair of
cars when trains are being held for the movement of said cars, nor
to points where less than .live persons are regularly employed in
such repair service.
S ec . 2. (As amended by ch. 48, Spec. Sess., 1919.)
Any com- violations,
pany, corporation, person, or receiver violating the provisions of
this act and failing to provide for the shelter and protection of its
employees as required by the provisions of section 1 , shall be guilty
of a misdemeanor and shall, on conviction thereof, be punished by
a fine of not less than one hundred ($100) dollars, nor more than
five hundred ($500) dollars for the first offense, and for each sub
sequent offense by a fine of not less than five hundred ($500)
dollars nor more than ten thousand ($10,000) dollars, and shall
pay in addition to the fine imposed the costs of prosecution.
Approved February 18, 1919.
C h a p te r 174.—-Minimum wages for women and minors.
S ection 1. That when used in this act the term “ bureau ”
means the workmen’s compensation bureau.
The term “ commissioner ” means a member of the workmen’s
compensation bureau.
The term “ minor ” means a person of either sex under age of
eighteen years.
Definitions,
244
L A B O R
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1019.
The term “ women ” includes only women eighteen years of
age or over.
The term “ occupation ” includes a business, industry, trade or
branch thereof, but shall not include agricultural or domestic
service.
P o w e r s of
Sec. 2. The said bureau is hereby authorized and empowered
bureau.
to ascertain and declare, in the manner hereinafter provided,
the following things:
(a) Standards of hours of employment for women or minors
and what are unreasonably long hours for women or for minors
in any occupation within the State of North Dakota;
(b) Standards of conditions of labor for women or for minors in
any occupation within the State and what surroundings or condi
tions. sanitary or otherwise, are detrimental to the health or
morals of women or of minors in any such occupation :
(c) Standards of minimum wages for women in any occupa
tion in the State and what wages are inadequate to supply the
necessary cost of living to any such women workers and to main
tain them in good health;
(d) Standard of minimum wages for minors in any occupation
within the State of North Dakota and what wages are unreason
ably low for any such minor workers;
(e) To prepare, adopt, and promulgate rules and regulations
for the carrying into effect of the foregoing provisions of this
act, including rules and regulations for the selection of members
and the mode of procedure of conferences;
(f) To employ any and all necessary help and assistance for
the purpose of carrying out the provisions of this act and to fix
their compensation and bonds, providing that the total amount of
such compensation shall not exceed the amount appropriated
therefore by the legislative assembly;
(g) To investigate and astertain the wages and the hours of
labor and the conditions of labor of women and minors in different
occupations in which they are employed in the State of North
Dakota ;
(li)
Either through any authorized representative or any com
missioner, to inspect and examine any and all books and pay rolls
and other records of any employer of women or minors that in
any way appertain to or have a bearing upon the questions of labor
or hours of labor or conditions of labor of any such women workers
or minor workers in any of such occupations;
(i) To require from any such employer full and true statements
of the wages paid to and the hours of labor and conditions of
labor, of all women and minors in such employment.
Hours of labor.
S e c . 3. It shall be unlawful to employ women or minors in any
occupation within the State for unreasonably long hours; and
it shall be unlawful to employ women or minors in any occupation
within the State under such surroundings 01* conditions, sanitary
01* otherwise, as may be detrimental to their health, or morals;
and it shall be unlawful to employ women in any occupation
within the State for wages which are inadequate to supply the
necessary cost of living and to maintain them in health; and it
shall be unlawful to employ minors in any occupation within the
State for unreasonably low wages.
Register.
S e c . 4 . Every employer of women or minors shall keep a register
of the names of all women and all minors employed by him, and
shall, on request, permit any commissioner or any authorized
representative of said bureau to inspect and examine such register.
Meetings.
Sec. 5. Said bureau may hold meetings for the transaction of
any of its business at such times and places as it may prescribe;
Hearings.
and said bureau may hold public hearings at such times and
places as it deems fit and proper for the purpose of investigating
any of the matters it is authorized to investigate by this act. At
any such public hearing any person interested in the matter being
investigated may appear and testify. Said bureau or any commis
sioner shall have power to subpoena and compel the attendance of
any witness at any such public hearing or at any session of any
T E X T
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245
- conference called and held as hereinafter provided; and any com
missioner shall have power to administer an oath to any witness
who testifies at any such public hearing or at any such session of
any conference. All witnesses subpoenaed by said bureau shall be
paid the same mileage and per diem as are allowed by law to wit
nesses in civil cases before the district court.
Sec. 6. If, after investigation, said bureau is of the opinion that Conference.
any substantial number of women workers in any occupation are
working for unreasonably long hours or are working under sur
roundings or conditions detrimental to their health or morals or
are receiving inadequate wages to supply them with the necessary
cost of living and maintain them in health, said bureau may call
and convene a conference for the purpose and with the powers of
considering and inquiring into and reporting on the subject in
vestigated by said bureau and submitted by it to such conference.
Such conference shall be composed of not more than three repre
sentatives of the employers in said occupation and of an equal
number of the representatives of the employees in said occupa
tion and of not more than three disinterested persons represent
ing the public and of one 01* more commissioners. Said bureau
shall name and appoint all members of such conference and desig
nate the chairman thereof. Said bureau shall present to such con
ference all information and evidence in the possession or under
the control of said bureau which relates to the subject of the in
quiry of such conference; and said bureau shall cause to be
brought before such conference any witness whose testimony said
bureau deems material to the subject of the inquiry of such con
ference. After completing its consideration of any inquiry into
the subject submitted to it by said bureau, such conference shall
make and transmit to said bureau a report containing the find
ings and recommendations of such conference on said subject. Ac
cordingly as the subject submitted to it may require, such confer
ence shall, in its report, make recommendations on any oi^all of
.the following questions concerning the particular occupation under
inquiry, to w it:
(a) Standards of hours of employment for women workers Items.
and what are unreasonably long hours of employment for women
workers;
(b) Standards of conditions of labor for women workers and
what surroundings or conditions, sanitary or otherwise, are det
rimental to the health or morals of women workers;
(c) Standards of minimum wages for women workers and what
wages are inadequate to supply the necessary cost of living to
women workers and maintain them in health.
In its recommendation on a question of wages such conference Recommenda
shall, where it appears that any substantial number of women tions.
workers in the occupation under inquiry are being paid by piece
ra*es as distinguished from time rate, recommend minimum piece
rales as well as minimum time rate and recommend such minimum
piece rates as will in its judgment be adequate to supply the neces
sary cost of living to women workers of average ordinary ability and
maintain them in health. Two-thirds of the members of any such
conference shall constitute a quorum; and the decision or recom
mendation or report of such two-tliirds on any subject submitted
shall be deemed the decision or recommendation 01* report of such
conference.
S ec . 7. Upon receipt of any report from any conference said Action cf bu
bureau shall consider and review the recommendation contained reau.
in said report: and said bureau may approve any 01* all of said
recommendations or disapprove any or all of said recommenda
tions ; and said bureau may resubmit to the same conference or a
now conference any subject covered by any recommendations so
disapproved. If said bureau approves any recommendations con
tained in any report from any conference, said bureau shall pub
lish notice, not less than once a week for four successive weeks
in not less than two newspapers of general circulation published
in the State, that it will on a date and at a place named in said
246
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notice hold a public meeting at which all persons in favor of or
opposed to said recommendations will be given a hearing; and,
after said publication of said notice and said meeting, said bureau
may, in its discretion, make and render such an order as may be
proper or necessary to adopt such recommendations and carry
the same into effect and require all employers in the occupation
affected thereby to observe and comply with such recommendaOvders.
tions and said order. Said order shall become effective in sixty
days after it is made and rendered and shall be in full force and
effect on and after the sixtieth day following its making and ren
dition. After said order becomes effective and w^hile it is effective,
it shall be unlawful for any employer to violate or disregard any
of the terms or provisions of said order or to employ any woman
worker in any occupation covered by said order for longer hours
or under different surroundings or conditions or at a lower wage
than are authorized or permitted by said order. Said bureau shall,
as far as is practicable, mail a copy of such order to every em
ployer affected thereby; and every employer affected by any such
order shall keep a copy thereof posted in a conspicuous place in
each room in his establishment in which women workers work.
No such order of said bureau shall authorize or permit the em
ployment of any women for more hours per day or per week than
the maximum now fixed by law.
Minors.
S e c . 8 . Said bureau may at any time inquire into wages or hours
or conditions of labor of minors employed in any occupation in
this State and determine suitable wages and hours and conditions
of labor for such minors. When said bureau has made such de
termination, it may issue an obligatory order in the manner herein
before provided; and, after such order is effective, it shall be un
lawful for any employer in said occupation to employ a minor at
less wages or for more hours or under different conditions of labor
than are specified or required in or by said order; but no such
order of said bureau shall authorize or permit the employment of
any minor for more hours per day or per week than the maximum
now fixed by law or at any times or under any conditions now
prohibited by law.
Enforcement.
S e c . 9 . Said bureau shall, from time to time, investigate and
ascertain whether or not employers in the State are observing
and complying with its orders and take such steps as may be
necessary to have prosecuted such employers as are not observing
or complying with its orders.
Appeals.
S ec . 1 0 . All questions of fact arising un<Jer the foregoing pro
visions of this act shall, except as otherwise herein provided, be
determined by said bureau, and there shall be no appeal from the
decision of said bureau on any such question of fact; but there
shall be a right of appeal from said bureau to the district court of
Burleigh County, from any ruling or holding on a question of law
•included in or embodied in any decision or order of said bureau,
and, on the same question of law, from said district court to the
supreme court of the State. In all such appeals the attorney
general shall appear for and represent said bureau.
Special licenses.
g EC n
]?or aily occupation in which the minimum wage has
been established the bureau may issue to a female physically
defective by age or otherwise or to an apprentice or learner in
such occupations as usually require learners or apprentices, a
special license authorizing the employment of any such licensee at
a wage less than the minimum wage to be fixed by the bureau,
such license to be issued under such rules and regulations as the
bureau may establish therefor.
Hours not to
Sec. 1 2 . Nothing in this act shall authorize or empower the
be increased.
bureau to increase the hours of labor for women or in any man
ner impair or affect the provisions of an act entitled “ For an
act regulating and fixing the hours of labor for females and pro
viding penalties for the violation thereof.” adopted at the six
teenth legislative session of this State.
violations.
s EC. 13. Any person who violates any of the foregoing pro
visions of this act shall be deemed guilty of a misdemeanor, and
247
TEXT OF LA W S— N O R TH DAKOTA.
upon conviction thereof shall be punished by a fine of not less
than twenty-five ($25) dollars nor more than one hundred ($100)
dollars or by imprisonment in the county jail for not less than
ten days nor more than three months or by both such fine and
imprisonment in the discretion of the court.
S ec . 14. Any employer who discharges or in any other man- Discharging
nor discriminates against any employee because such employeeemp yee*
has testified, or is about to testify, or because such employer be
lieves that said employee may testify, in any investigation or
proceedings under or relative to this act, shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be punished
by a fine of not less than twenty-five ($25) dollars nor more than
one hundred ($100) dollars.
S ec . 15. If any woman worker shall be paid by her employer Recovery of un
less than the minimum wage to which she is entitled under o rpait wages*
by virtue of an order of said bureau, she may recover in a civil
action the full amount of her said minimum wage less any amount
actually paid her by said employer, together with such attorney’s
fees as may be allowed by the court; and any agreement for her
to work for less than such minimum wage shall be no defense to
such action.
S ec . 16. Said bureau shall, on or b efore the first d a y o f N ovem - Reports,
ber o f the yea r 1920 and o f each second yea r th erea fter, m ake a
su ccin ct rep ort to th e govern or and legisla tu re o f its w ork and
the proceedin gs u n der this a ct du rin g the p recedin g tw o years.
S ec . 17. There is hereby appropriated out of the moneys in
the State treasury, not otherwise appropriated, the sum of six
thousand dollars per annum, or so much thereof as may be neces
sary per annum, to carry into effect the provisions of this act and
to pay the expenses and expenditures authorized by or incurred
under this act.
S ec . 18. That chapter 181 of the Session Laws of North Dakota
for the year 1917 and all acts and parts of acts in conflict here
with, are hereby repealed.
Approved March 6, 1919.
Appropriation,
Repeal,
ACTS OF 1919-—SPECIAL SESSION.
C h apter 43.— Strikes— Coal mines and public utilities— ro w ers of
governor.
S ection 1. The governor, as commander in chief of the military Operation o f
and naval forces of this State, is hereby authorized and empow-inines» etcered to take any measure necessary to prevent or avert any
pending disaster or calamity which threatens to destroy life or
property in this State, or which may entail loss of life or property
or result in great suffering or hardship among the people of this
State; and in the event of any strike or threatened strike or lock
out or threatened lockout of the employees of any coal mine or
public utlity threatening to endanger the life and property of the
people of this State, in any such event he shall have the power
and authority to commandeer and take for use during any such
emergency any coal mine or other public utility, together with the
machinery, equipment, and appurtenances of any such coal mine
or public utility which may be necessary to save life or property;
and he shall have power and authority to employ all help neces
sary for operating any such coal mine or public utlity, with power
and authority to make and enter into all contracts for the opera
tion of any such coal mine or public utility, and to purchase any
and all material necessary for operating any such coal mine or
public utility, and with power to sell and distribute the products
or services of any such mine or public utility.
S ec . 2. The governor is further authorized to use any of the state militia,
facilities or offices of the State when required to take over and
use any such coal mine or public utility, and may command the
services of the State militia or the State constabulary.
LABOR LEGISLATION OF 1910.
248
Compenpa t i o n
of owners.
S ec . 3. The owner of any coal mine or public utility so taken
shall be given a receipt therefor and shall be paid for the use
thereof and for any damages which may be caused to the same
while in the possession of the State: Provided, That such com
pensation shall be determined by the board of railroad commis
sioners, after notice and hearing to the parties interested therein,
such notice to be given and such hearing conducted in the same
manner provided by chapter 192 of the Laws of North Dakota for
the year 1919 for hearing and determining the rates and charges
of public utilities.
Approved, December 11, 1919.
OHIO.
ACTS OF 1919.
Industrial commission.
[Page 58.]
[This act amends section 871-1 of the General Code of 1910, so
as to require the advice and consent of the senate for the appoint
ment of the members of the commission. The act was passed over
the governor’s veto.]
Mine regulations— Wash rooms.
[Page 60.]
[This act adds a new section to the General Code, 1910, reading
as follows:]
Section 934-1. Every owner, operator, lessee, or agent of a coal who to furnish
mine, where five or more persons are employed, shall provide and wash rooms,
keep in repair a wash room, convenient to the principal mine en
trance, adequate for the accommodation of the employees, for the
purpose of washing and changing their clothes when entering and
returning from the mine. Such wash room shall be properly lighted
and heated, supplied with warm and cold water and adequate and Equipment,
proper facilities for washing purposes.
Approved April 18, 1919.
Protection of employees on street railways.
[Page 161.]
[This act amends section 12788 of the General Code, 1910, so as
to read as follows:]
Section 12788. Whoever, being an officer, agent, or employee in Screens reauthority of a corporation, individual, or association, directs or<
*ullred«
permits to be operated an electric car, other than a trail car
(whether such electric car be a passenger car, a freight car, a
sweeper, or other car), unprovided at the forward end with a
screen of glass or other material sufficient to completely protect
from dust, wind, and storm the motorman or other person or per
sons stationed there for guiding or operating such car, or who fails
to maintain during the entire period succeeding October 31st of
each year and ending on each succeeding April 15th, within any
electric car so being operated, whether a passenger car, a trail car,
or other car (except in freight cars) and (excepting in trail cars)
within the space behind any such screen, a temperature at all Heating,
times of not less than sixty degrees Fahrenheit, shall be fined not
less than twenty-five dollars nor more than one hundred dollars
for each day during which at any time such a car is operated while
so unprovided, or while such temperature is not so maintained.
It shall be the duty of the prosecuting attorneys of the various
counties of the State of Ohio to enforce the provisions of this act.
Approved April 22, 1919.
Crim in aI syn clica lism— 8a hot aye.
[Page 189.1
Section 1. That criminal syndicalism is the doctrine which advo-
Definition,
cates crime, sabotage, which is defined as the malicious injury
or destruction of the property of another, violence, or unlawful
249
250
Offense's.
Assemblage.
Permitting
semblage.
L A B O R
L E G IS L A T IO N
O F
1919.
methods of terrorism as a means of accomplishing industrial or
political reform. The advocacy of such doctrine, whether by word
of mouth or writing, is a felony, punishable as is in this act pro
vided.
S ec . 2. Any person who, by word of mouth or writing, advocates
or teaches the duty, necessity, or propriety of crime, sabotage,
violence, or unlawful methods of terrorism as a means of accom
plishing industrial or political reform; or prints, publishes, edits,
issues, or knowingly circulates, sells, distributes, or publicly dis
plays any book, paper, document, or written matter in any form,
containing or advocating, advising or teaching the doctrine that
industrial or political reform should be brought about by crime,
sabotage, violence, or unlawful methods of terrorism; or openly,
willfully, and deliberately justifies by word of mouth or writing,
the commission or the attempt to commit crime, sabotage, violence,
or unlawful methods of terrorism with intent to exemplify, spread,
or advocate the propriety of the doctrines of criminal syndicalism;
or organizes or helps to organize or become a member of, or volun
tarily assembles with any society, group, or assemblage of per*
sons formed to teach or advocate the doctrines of criminal syndi
calism, is guilty of a felony and punishable by imprisonment in
the State penitentiary for not more than ten years, or by a fine
of not more than five thousand dollars, or both.
S ec . 3. Whenever two or more persons assemble for the purpose
of .advocating or teaching the doctrines of criminal syndicalism
as defined in this act, such an assemblage is unlawful, and every
person voluntarily participating therein by his presence, aid, or
instigation is guilty of a felony and punishable by imprisonment
in the State penitentiary for not more than ten years, or by a
fine of not more than five thousand dollars, or both.
S ec . 4. T h e ow ner, agent, superintendent, ja n itor, caretaker, or
occu pa n t o f any place, buildin g, or room , w ho w illfu lly and
k n ow in gly perm its therein any assem blage o f persons p roh ib ited
by the provision s o f section 3 o f this act, o r w ho, a fte r n otifica
tion that the prem ises are so used, kn ow in gly perm its such use
to be con tin ued, is gu ilty o f a m isdem eanor and punishable by im
prison m en t in the cou nty ja il fo r not m ore than one yea r o r by
a fine o f not m ore than five hun dred dollars, or both.
Approved May 7, 1919.
Factory , e tc r e g u la tio n s — Canneries.
(Page 330,)
Scope of law.
S ection 1. All commercial vegetable and fruit canneries located
within the State of Ohio shall be under the supervision and sub
ject to the regulations of secretary of agriculture. For the pur
pose of this act a commercial cannery is hereby defined to be a place
or building where fruits or vegetables are packed in hermetically
^sealed containers and sterilized, and the products of which are
placed on the market for general consumption as human food;
but shall not be held to include private homes where farmers or
others pack such fruits and vegetables for their own use and make
occasional sales of a surplus thereof. At such times as the
secretary of agriculture may deem proper he shall cause to be
inspected all such canneries where fruits or vegetables are packed
and preserved, and shall require the correction of all insanitary
conditions, and may enter and search all places in or about the
premises of any such cannery for the purposes of such inspection
and investigation.
Inspector.
S ec . 2. T h e secretary o f a gricu ltu re shall appoint and assign,
upon the passage o f this act, an efficient and exp erien ced in spector
o f can neries w ho has a th orou gh k n ow led ge o f the can nin g b u si
ness, w ho shall h ave ch arge o f such inspection, and w h ose du ties
it shall b e to visit and in sp ect com m ercial fr u it and vegetable
can neries as o ften as m ay be re q u ire d ; see that such can neries
and the operation th ereof shall com p ly w ith the p rov ision s o f this
T E X T
O F
L A W S —
O H IO .
251
act and with the regulations made by the secretary of agriculture
hereunder; superintend, the work of special inspectors stationed at
canneries; and make reports thereof to the secretary of agriculture.
S ec . 3. The secretary of agriculture shall, whenever he deems Special inspectit necessary, furnish an efficient special inspector to be stationedors*
at a commercial cannery or group of canneries while in operation,
who shall see that such canneries and the operation thereof shall
at all times comply with the provisions of this act and with such
regulation made by the secretary of agriculture. * * *
S ec . 6. No commercial cannery shall be located in an insanitary
Sanitation,
place or one which can not be made sanitary or maintained in a
sanitary condition, or where it is impossible to receive the raw
material in a cleanly manner without danger or damage or con
tamination ; or where sewage, garbage, and other refuse can not
be quickly and effectively removed.
S ec . 9. Any building used in the preparation or handling of Ventilation, etc.
fruits or vegetables intended for canning shall be suitably ven
tilated and lighted either by artificial or natural means. All
floors in such building shall be so constructed as to permit proper
washing or cleaning, and sufficient drains, gutters, or sewers pro
vided to insure the proper removal of water and liquid waste.
First floors shall be waterproofed 111 such manner as will prevent
the ground below from becoming wet, sloppy, or insanitary.
S ec . 10. Separate toilet rooms for each sex shall be provided upon Toilet rooms.
the premises of all canneries, said toilets to be completely sepa
rated from workrooms by tight partitions and properly lighted
and having an opening to the outside air. When outdoor toilets
without modem plumbing and sewerage systems are used, such
toilets shall be located at least 75 feet from any building, room,
or place used in the preparation or canning of fruits and vege
tables. All doors, windows, and other openings in toilets, whether
same be located within buildings or out of doors shall be screened
against flies.
S ec . 11. Wash rooms, wash stations, or lavatories for employees Wash rooms.
shall be provided in or adjacent to rooms or places used for the
preparation or canning of fruits and vegetables, and such rooms or
stations must be properly lighted and ventilated and provided with
facilities necessary for keeping them in a sanitary condition.
S ec . 13. Persons affected with tuberculosis or other communi-^ Diseased p e r , sons.
cable or infectious disease shall not be employed in 01* aboutf
c
any commercial cannery.
S ec . 14. All employees who assist in preparing 01* handling Clothing.
fruit and vegetables intended for canning shall wear clean gar
ments of washable fabrics and all female employees engaged in
the same work shall wear clean washable caps covering the hair.
S ec . 21. The secretary of agriculture shall enforce the provisions Enforcement.
of this act and shall make suitable rules and regulations for carry
ing out its provisions.
Approved May 10, 1919.
F actory, etc., regulations— Explosives.
(Page 344.)
S ection 18. No employee or other person shall enter or attempt M a t c h e s in
to enter any explosive plant with matches or other flame-producingpIant*
devices, except electric incandescent flashlights nor shall any
employee or other person enter or attempt to enter such premises
with narcotics in his or her possession or control, or while under
the influence of liquor or narcotics, or to partake of intoxicants
or narcotics while within the plant, nor shall any person smoke in
a factory building or upon the premises thereof except at such
places as shall be designated by the owner or his authorized repre
sentative, under penalty of misdemeanor.
The superintendent may authorize in writing any employee or
other person to have approved safety matches in his possession
or to depart from the other provisions of this section.
252
LABOR LEGISLATION OF
‘
1919.
\
It shall-be the duty of the superintendent or other person in
charge of all plants included within this act to provide safety
containers for matches at ail entrances to said plants.
to be ^EC*
persons handling explosives shall report to the
industrial commission any lire or explosion occurring in the
manufacture, transportation, or storage involving loss of life or
causing damage 1o property in excess of five hundred dollars
($500). Such report to be made on the same day that the fire
or explosion takes place and shall be transmitted to the indus
trial commission by telephone or telegraph if practicable. If not
practical to make such report by telephone 01* telegraph, a written
report sliall be made. The expense of transmitting such reports to
be borne by the person making the same.
Approved Mey 10, 3939.
Private employment offices.
[Page 349.]
L i c e n s e reqiiirtd.
Scope of law.
Definitions.
Hiie.
Employment.
S ection 1. No person, firm, association of persons, or corpora
tion shall engage in the business of an employment agency, for
hire, within the State of Ohio, without first obtaining a license
so to do from the industrial commission of Ohio, and paying to
said industrial commission an annual license fee of one hundred
dollars and executing and filing with the said industrial commis
sion a bond as provided in section 6 of this act.
S ec . 2. A person, firm, associa tion o f persons, or corp ora tion
w ho secures, or, by any fo rm o f represen tation or by m eans o f
signs, bulletins, circu la rs, cards, w ritin gs, or advertisem ents, offers
or agrees to secure or fu rn ish em ploym ent, engagem ents o f help,
o r in form a tion or service o f any ch a ra cter con cern in g or intended
o r p u rportin g to prom ote, lead to or consum m ate em ploym ent,
shall be deem ed an em ploym ent agency, and su b ject to this act
govern in g such agencies.
S ec . 3. T h e term “ h ire,” as used in this act, shall be deem ed to
m ean and in clude any charge, fee. com pensation, service, or benefit
exacted, dem anded or accepted, or any g ra tu ity received, fo r or
in con nection w ith any act, service, o r tran sa ction com preh ended
by the term “ em ploym ent agen cy,” or fo r or in con nection w ith
any tran saction or represen tation w hich in cludes m atters com pre
hended by the term “ em ploym ent agen cy.”
S ec . 4. The term “ employment," as used in this act shall be
deemed to mean and include every character of service rendered
or to be rendered and every engagement undertaken, for wages,
salary, commission, or other form of remuneration whatsoever.
S ec . 5. Bona fide educational, religious, charitable, fraternal,
Extraptions.
and benevolent organizations in which no fee, commission, or other
charge is made for services rendered other than the ordinary
membership dues; bona fide labor organizations undertaking to
secure, or securing work for their own members; and bona fide
employers’ organizations undertaking to secure, or securing help
for their own members shall not be subject to the provisions of
this act.
Applications for
S ec . 6 . Licenses shall be granted only upon written application,
ijcemes.
which shall be upon blanks prescribed and furnished by the indus
trial commission of Ohio. The application shall be accompanied
by the annual license fee of one hundred dollars payable to the in
dustrial commission and by a sufficient bond payable to the State
of Ohio, in the penal sum of one thousand dollars ($1,000), to the
Bond.
satisfaction of the industrial commission, conditioned for the ob
servance of the provisions of this act and of the lawful orders of
the industrial commission issued thereunder, and an action may
be brought thereon by the industrial commission for violation of
the provisions of this act or lawful orders issued thereunder. And
such bond shall be liable for all injuries accruing to any person or
T E X T
O F
L A W S —
O H IO .
:253
persons on account of the violation of the provisions of this act, or
lawful orders of the industrial commission by such licensee 01* his
representatives, and an action may be brought thereon by the party
injured in his own name for such recovery.
Sec. 7. Upon approval of the application for license and bond byr TcJm» etc-» of
the industrial commission a license, which shall be effective for lcense*
4me year from the date thereof, unless revoked as provided herein,
shiili be issued by the industrial commission. The license shall
contain the name or names of the applicant, location of office, name
of person who is to have general management of the business,
name under which business is to be carried on, the number of the
license, and the date of issuance and date of expiration of the
license.
S e c . 8. The industrial commission of Ohio may refuse to issue a
Refusal,
license to an applicant if, in its judgment, such applicant or its
officials or members are not of good moral character or have vio
lated the laws or orders of the industrial commission of Ohio re
lating to employment agencies, 01* have violated laws of Ohio or
ordinances of any city 01* village thereof, which, in the judgment of
the industrial commission, renders such persons improper per
sons for such license. If the industrial commission refuses to
grant a license, the license fee and bond shall be returned to the
applicant by the said industrial commission.
S e c . 9. If the industrial commission of Ohio, as herein provided,
Rev0catl011*
shall find a licensee, or representative, partner, or employee of
such licensee has been convicted in any court of the State of Ohio
of violating any of the provisions of this act or orders of the
industrial commission, or if such licensee, or representative, part
ner, or employee of such licensee has been guilty of violating any
of the provisions of this act 01* orders of the commission or is
found by the industrial commission to be not of good moral char
acter, said industrial commission may revoke said license, which
shall thereupon become null and void, and said industrial com
mission shall immediately notify such licensee of such revocation,
whereupon such licensee may, within ten days after the issuance
of such notice, petition the industrial commission of Ohio for a
hearing in the same manner as is provided for employers or other
persons specified in section 27 of the industrial commission act
approved March 18, 1918 (103 O. L., 95).
S e c . 10. Each license shall become void upon the date of its
Expiration,
expiration as set forth in the license and it shall be returned
immediately to the industrial commission of Ohio.
S e c . 1 1. No licensee shall change the location of his business to Location,
any place other than that specified in the license without first
obtaining the written consent of the industrial commission, and
no license shall be effective for any place of business other than
that designated therein.
S e c . 12. Each licensee shall post his license in a conspicuous Posting, license,
place in his waiting room and a copy of the law and the orders
relating to its enforcement adopted by the industrial commission
of Ohio in each room used for business purposes.
S e c . 13. Every licensee shall keep a true and correct record in Records,
the English language of the business transactions o f'h is office
upon such forms only as are prescribed 01* approved by the indus
trial commission of Ohio. Such records shall be open at all reason
able hours to the inspection of the industrial commission of Ohio
or any of its authorized representatives. On or before the fifth
day of each month every employment agency shall mail to the
industrial commission of Ohio, upon a form prescribed and fur
nished by said industrial commission, a report covering the work
o f the preceding calendar month.
Restrictions.
S e c . 14. The following restrictions are placed on the operations
of licensed employment agencies:
(a)
No applicant for employment shall be sent to a house of illrepute, 01* other place resorted to for prostitution or gambling.
254
L A B O R
L E G IS L A T IO N
O F
1919.
(b) No prostitute, gambler, intoxicated person, procurer, or
other bad character shall be allowed to remain in the office or
place of business.
(c) No applicant for employment shall be sent or directed to
any fictitious job or position and no employment agency shall
knowingly or negligently make any false representation concern
ing any matter within the scope of the business of the employ
ment agency, and the nonexistence of any such job or position or
the falsity of any such representation shall constitute prima facie
evidence of the Violation of this section.
Fees.
R egulations.
R eceipts.
Violations.
Same.
(d) No employment agency shall knowingly or negligently
send an applicant to any place where a strike or lockout exists or
is impending without notifying the applicant of such condition in
writing, and the existence of a strike or lockout shall constitute
prima facie evidence of the violation of this section.
(e) No person conducting an employment agency shall connive
with any employer or his agents 01 * employees to secure the dis
charge of an employee; nor shall an employer or any one in
his employ or representing it, give 01* receive any gratuity, divide
or offer to divide, or share directly or indirectly, any fee, charge,
or compensation received from any applicant for employment.
(f ) No person conducting an employment agency shall circulate
any false information by advertisements, signs, letters, posters,
cards, or in any other w a y ; or make any false statements or
misrepresentations to any person seeking employment, or to any
employer seeking an employee.
(g) No person conducting an employment agency shall make
any false entry or statement in any record or in any receipts or
other document used in his business.
(h) No person conducting an employment agency shall use
any name or designation in his business unless such name has
been approved by the industrial commission of Ohio.
(i) No employment agency shall be conducted in connection
with any place in which intoxicating liquors are sold in or in
any room adjacent thereto.
Sec. 15. Employment agencies may charge such registration fees
is shall be fixed by the industrial commission of Ohio. The
schedule of maximum fees, charges, and commissions for actuilly securing employment of help shall be fixed by the industrial
commission of Ohio and such fees shall be graded according to
lature of business, length of employment, and wages. These
schedules of registration fees and of other fees, charges, and com
missions shall be posted in a conspicuous place in every room in
which business is conducted by the employment agency.
Sec. 16. The industrial commission of Ohio shall enact regula
tions providing conditions under which the licensee shall refund
registration fees and other fees, charges, and commissions, and
under which the licensee shall pay expenses incurred when appli
cants are sent outside the city in which the employment agency is
located to alleged jobs 01* positions which did not exist or to jobs
01* positions where conditions were misrepresented.
Sec. 17. A receipt, in such form as the industrial commission of
Ohio shall prescribe or approve, shall be given to every person pay
ing a fee 01* other commission to an employment agency.
Sec. 18. Whoever violates section 1 of this act shall be guilty of
a misdemeanor and shall be fined for the first offense not less than
one hundred dollars ($100) nor more than five hundred dollars
($500) and costs of prosecution; and for the second or any subse
quent offense, he shall be fined not less than tw^o hundred dollars
($200) nor more than one thousand dollars ($1,000) and costs of
prosecution.
Sec. 19. Whoever violates any provision of this act relating to
employment agencies or orders of the industrial commission of
Ohio, issued thereunder, except as otherwise provided in section 18
shall be fined for the first offense not less than twenty-five dollars
($25) nor more than five hundred dollars ($500) and costs of
255
TEXT 0¥ LAWS— OHIO*
prosecution; and for the second or any subsequent offense, he shall
be fined not less than one hundred dollars ($100) nor more than
live hundred dollars ($500) and costs o f prosecution,
Fines.
S e c . 20. All fines collected under the provisions of this act shall
be paid, one-half to the county in which the prosecution is had and
one-half to the industrial commission of Ohio, and all moneys re
ceived by the industrial commission from license fees, bonds re
covered, or fines, as provided by this act, shall be paid by the in
dustrial commission into the State treasury.
S e c . 21. The industrial commission of Ohio shall have full
Enforcement,
power, exclusive supervisory jurisdiction., and authority to ad
minister the provisions of this act, as provided in section 22,
subsection 9, of the industrial commission act, approved March 18,.
1913 (103 O. L., 95) ; and to issue all necessary orders for carrying
into effect this act, as provided in sections 25 and 41 of the indus
trial commission act.
Sec. 22. At all trials for offenses against the provisions of this Evidence.
act and orders of the industrial commission issued thereunder, a
certificate of the custodian of the records of the industrial com
mission of Ohio, attested by the secretary of said industrial com
mission, to the effect that the records do not disclose that the de
fendant in such proceeding was the holder o f a license at the
time of the commission o f the offense charged, shall constitute
prima facie evidence in said case that the defendant w-as not au
thorized to engage in the business of an employment agency.
Sec. 23: In the prosecution for conducting an employment agency . Single transncfor him without being licensed, it shall be competent to allegetlon*
and prove any number of transactions or particulars coming within
the scope of the term “ employment agency,” but a single trans
action shall be deemed engaging in the business of an employment
agency.
Sec. 24. The owner or manager or other person in control of an Owners
employment agency shall be liable for all violation of laws or
lawful orders of the industrial commission of Ohio committed by
any agent, representative, or employee of said agency within the
scope of the business of the agency, as well as all parties per
sonally participating in such violations.
Sec. 25. Justices of the peace, police judges, judges of municipal
courts, and mayors of cities and villages shall have final juris
diction coextensive with the county in all cases for violation of
provisions- of this act or of orders of the industrial commission
issued thereunder, and the procedure provided by law for such
courts shall extend to all such cases.
Sec. 26. A person authorized by law to prosecute a case under
liable.
Jurisdiction.
Costs,
the provisions of this act shall not be required to advance or secure
costs therein. If the defendant be acquitted or discharged from
custody, or if he be convicted and committed in default of pay
ment of fine and cost, sueh cost shall be certified under oath by
the justice of the peace, police judge, judge of municipal court, or
mayor to the county auditor who shall correct all errors therein
and issue his warrant on the county treasurer, payable to the
person or persons entitled thereto.
S e c . 27. The sections of this act anti every part of such sections
Provisions
are hereby declared to be independent sections and parts of s e c -e r a b ie .
tions, and the holding of any section or part thereof to be void
or ineffective shall not affect any other section or part thereof.
Sec. 28. Sections 886, 887, 888, 889, 890, 891, 892, 893, 894,
sev-
Repeal.
895, and 896 of the General Code be, and the same are hereby
repealed.
Approved May 15, 1919.
Protection o f employees on buildings— Ventilation.
(P a g e
419. >
1. Whoever uses or causes or permits to be used an open manders,
Usc ofetc.sala
salamander or coke burner or other outfit or receptacle of any
S e c tio n
256
L A B O R
L E G IS L A T IO N
O F
1910.
kind iii which charcoal, coke, coal, or any other fuel or combustible
substance is burned or in process of combustion so as to give
off obnoxious gases or gases detrimental to health, in any enclosed
residence or enclosed building under construction while a person or
persons work 01* are employed therein without providing a proper
pipe, chimney, or enclosure to carry said gases from said open sala
mander, coke burner, outfit, or receptacle to the outside of said en
closed building or residence, shall be guilty of a misdemeanor, and,
©n conviction, for the first offense shall be fined not more than one
hundred dollars, and for a second or subsequent offense, shall be
fined not less than one hundred dollars nor more than two hundred
dollars, and in each case he shall stand committed until such fine and
the costs are paid or until he is otherwise discharged by due process
of law.
Approved May 19, 1919.
Em ployment o f children.
[P a g e 532.]
[This act amends sections 12996, 13007-11, and 13007-12 of
General Code, 1910, so as to read as follow s:]
S e c t i o n 12996. No boy under the age of sixteen and no girl
W ork time..
under the age o f eighteen years shall be employed, permitted, 01*
suffered to work in, about, or in connection with any establish
ment or occupation named in section 12993 (1) for more than
six days in any one week, (2) or more than forty-eight hours in
any one week, (3) nor more than eight hours in any one day,
(4) or before the hour of seven o’clock in the morning or after
the hour of six o’clock in the evening. The presence of such child
in any establishment during working hours shall be prima facie
No boy under the age of
Boys under 18. evidence of its employment therein.
eighteen years shall be employed, permitted, or suffered to work
in, about, or in connection with any establishment or occupation
named in section 12993 (1) for more than six days in any one
week, (2) nor more than fifty-four hours in any week, (3) nor
more than ten hours in any one day, (4) 01* before the hour of
six o’clock in the morning or after the hour of ten o’clock in the
No girl under the age of twenty-one years shall be
Girls under 21. evening.
employed, permitted, or suffered to work i-n, about, or in connec
tion with any establishment or occupation named in section 12993
(1) for more than six days in any one week. (2) nor more than
fifty hours in any week, (3) nor more than nine hours in any one
day, except Saturday, when the hours of labor in mercantile
establishments may be ten hours, (4) or before the hour of six
o'clock in the morning 01* after the hour of ten o’clock in the
■evening. In estimating such periods, the time spent at different
employments or under different employers shall be considered
as a whole and not separately.
S e c . 13007-11. Every employer who fails to secure and keep on
"Violations.
file employment certificates for all males employed between fifteen
and sixteen years of age, and all females employed between sixteen
and eighteen years of age, or to return the same as provided by
section 12995 of the General Code, or who fails to keep and post
lists of the notice, as provided in section 12998 of the General
Code, shall be fined not less than twenty-five dollars nor more
than one hundred dollars.
S e c . 13007-12. Any person, firm, or corporation, or any manager,
Obstructing in
spectors.
foreman, superintendent, or agent of the owner or proprietor of
any establishment, who (1) hinders or delays any female visitor
or district deputy or any other officer charged with the enforce
ment of any of the provisions of this act in the performance of
his or her duties, or (2) refuses to admit or locks out any such
inspector or officer from any place where said inspectors or officers
are authorized to inspect, or upon request therefor refuses to
give full and complete information regarding any matter proper
TEXT OF LAWS----OHIO.
257
to V?e investigate*] by any such inspector or officer.; shall be pun
ished by a fine of not less than twenty-five dollars nor more than
two hundred dollars.
Approved June 5, 1919.
Em ployment o f women.
[P a g o
5 4 0 .]
[This act repeals sections 13007-6 and 1008 of the General Code,
1910, and section 1008 is reenacted and a new section 1008-1 is
added, reading as follow s:]
Section 1008. Every person, partnership, or corporation employ- Seats to be proing females in any factory, workshop, business office, telephone o r vlded*
telegraph office, restaurant, bakery, millinery or dressmaking esr
tablishment, mercantile or other establishments shall provide a
suitable seat for the use of each female so einployed, and shall
permit the use of such seats when such female employees are not
necessarily engaged in the active duties for which they are em
ployed and when the use thereof will not actually and neces
sarily interfere with the proper discharge of the duties of such
employees, such seat to be constructed, where practicable, with an
automatic back support and so adjusted as to be a fixture, but not
■obstruct employees in the performance of duty, and shall fur
ther provide a suitable lunch room, separate and apart from the Lunch rccms.
workroom, and in establishments where lunch rooms are provided,
female employees shall be entitled to no less than thirty minutes
for meal time: Provided , That in any establishment aforesaid in
which it is found impracticable to provide a suitable lunch room,
as aforesaid, female employees shall be entitled to not less than Time for meals,
one hour for meal time during which hour they shall be permitted
to leave the establishment.
Females over eighteen years of age shall not be employed or Hours o{ labor*
permitted or suffered to work in or in connection with any fac
tory, workshop, telephone or telegraph office, milliner^ or dress
making establishment, restaurant, or in the distributing or,trans
mission of messages, or in or on any interurban or street railway
car, or as ticket sellers or elevator operators, or in any mercantile
establishment located in any city, more than nine hours iu any
one day, except Saturday, when the hours of labor in mercantile
establishments may be ten hours, or more than six days, or more
than fifty hours in any one week, but meal time shall not be in
cluded as a part of the work hours of the week or d a y: P rovid ed ,
h ow ever. That no restriction as to hours of labor shall apply to
canneries or establishments engaged in preparing for use perish
able goods, during the season they are engaged in canning their
products.
S e c . 1008-1. The employment of females in the following occuEmployment*
pations or capacities is hereby prohibited, to w it: As crossing problblted*
watchman, section hand, express driver, moulder, bell hop, taxi
driver, jitney driver, gas or electric meter reader, ticket seller,
except between the hours of six o’clock a. m. and ten o’clock p. m.,
as workers in blast furnaces, smelters, mines, quarries, except in
the offices thereof, shoe-shining parlors, bowling alleys, pool rooms,
bar rooms and saloons, or public drinking places which cater to
male customers exclusively, and in which substitutes for intoxi
cating liquors are sold or advertised for sale, in delivery service on
wagons or automobiles, in operating freight or baggage elevators,
in baggage handling, freight handling, and trucking of any kind,
or in employments requiring frequent or repeated lifting of weights
over twenty-five pounds. Any violations of the provisions of
this section shall be punished as provided in section 1011 of the
General Code.
Approved June 5, 1919.
1757°— 21-------17
258
L A B O R
L E G IS L A T IO N
O F
1919.
Railroads— Sufficient crews for trains.
(P a g e GST.)
Freight trains.
Enforcem ent.
[This act amends section 12556 of the General Code so as to
read as follow s:]
S e c t i o n 12556. Whoever, being a superintendent or other em
ployee of a railroad company, sends or causes to be sent out on
main track, a through freight train with less than one engineer,
one fireman, one conductor, and two brakemen, or a light engine
without cars, to a point more than three miles distant from original
starting point, with less than one engineer, one fireman, and one
conductor or flagman, shall be fined not less than one hundred dol
lars for each offense.
S e c . 2. The public utilities commission shall be empowered to
enforce the foregoing sections and prosecute any violations thereof.
rassed May 7, 1919.
Mine inspectors.
(P a g e 0 2 3 .)
Salaries.
Expenses.
S e c t io n 1 . Section 905 of the General Code is amended to read as
follow s:
S e c . 905. The chief inspector of mines shall receive three
thousand dollars per annum and each district inspector of mines
shall receive two thousand one hundred dollars per annum. The
chief in je c to r of mines, and each district inspector of mines, shall
receive, in addition to the salaries herein provided for, all neces
sary and legtimate expenses incurred by them in the discharge of
their duties, to be approved by the chief inspector o f mines,
itemized statements of which expenses shall be filed with the audi
tor of State. * * *
Passed June 18, 1919.
OKLAHOMA.
ACTS OF 1919.
Chapter 59.— E m p lo ym en t o f children— School attendance,.
[This chapter amends section 7930, Revised Laws o f 1910, so- as
to read as follow s:]
Sec. 7930. It shall be unlawful for any parent, guardian, or Attendance
custodian* living, in the State o f Oklahoma, to neglect or refuse to<iuired*
cause or compel any person or persons who are or may be under
his control as children or wards to attend and comply with the
rules of some public, private, or other schools unless other means
of education are provided, for sixty-six and two-thirds per cent of
the term the schools o f the districts are in session, which shall
apply to all children of the district over the age of eight and under
the age of eighteen, unless they are prevented by meuital or physi
cal disability, the question of disability to be determined by the
school district board or board of education upon a certificate of a
duly licensed and practicing physician: Provided however, That E xem ption,
this requirement shall not apply to a child between the ages of six
teen and eighteen years who is ( 1 ) regularly and lawfully em
ployed and has satisfactorily completed the work of the eighth
grade of public schools or its equivalent, or ( 2 > who has satisfac
torily completed the full course of instruction provided by the
public schools of the district where he resides.
Approved April 4, 1919.
Chapter 70.— Criminal syndicalism — Sabotage.
Section 1. Criminal syndicalism is hereby defined to be the doctrine which advocates crime, physical violence, arson, destruction
o f property, sabotage, or other unlawful acts or methods as a
means o f accomplishing or effecting industrial or political ends,,
or as a means o f effecting industrial or political revolution, or for
profit.
Definition,
Sec. 2. Sabotage is hereby defined to be a malicious, felonious, in- same,
tentional or unlawful damage, injury to or destruction of real, or
personal property of any employer or owner by his or her employee
or employees, or any employer or employers or by any person
or persons at their own instance, or at the instance, request, or in
stigation of such employees, employers, or any other person.
Sec. 3. Any person who, by wTord of mouth or writing advo- Offerees,
cates, affirmatively suggests, or teaches the duty, necessity, pro
priety or expediency of crime, criminal syndicalism, or sabotage,
or who shall advocate, affirmatively suggest, or teach the duty,
necessity, propriety, or expediency of doing any act of violence*
the destruction of or damage to any property, the bodily injury
to any person or persons, or the commission of any crime or unlaw
ful act as a means of accomplishing or effecting any industrial or
political ends, change, or revolution, or for profit; or who prints*
publishes, edits, issues, or knowingly circulates, sells, distributes,
or publicly displays any book, pamphlet, paper, handbill* poster*
document, or written or printed matter in any form whatsoever,
containing matter advocating, advising, affirmatively suggesting
or teaching crime, criminal syndicalism, sabotage, the doing of any
act of physical violence, the destruction of or damage to any
property, the injury to any person, or the commission of any crime
or unlawful act as a means of accomplishing, effecting, or bring259
260
.
ikm age.
L A B O R
L E G IS L A T IO N
O F
l (J l 9 .
ing about any industrial or political ends or change, or as a means
of accomplishing, effecting, or bringing about any industrial or
political revolution, or for profit; or who shall openly, or at all
attempt to justify by word of mouth or writing, the commission
or the attempt to commit sabotage, any act of physical violence,
the destruction of or damage to any property, the injury to any
person, or the commission of any crime or unlawful act* with the
intent to exemplify, spread, or teach or affirmatively suggest
criminal syndicalism; or who organizes, or helps to organize or
becomes a member of or voluntarily assembles with any Society
01* assemblage of persons which teaches, advocates, or affirmatively
suggests the doctrine of criminal syndicalism, sabotage, or the
necessity, propriety, or expediency of doing any act of physical
violence 01* the commission of any crime 01* unlawful act as a
means of accomplishing or affecting any industrial or political
ends, change 01* revolution, or for protit, is guilty of a felony, and,
upon conviction thereof, shall be punished by imprisonment in the
State penitentiary for a term not to exceed ten years, or by a
line of not more than live thousand dollars, or by both such tine
and imprisonment: P rovided, That none of the provisions of this
act shall be construed to modify 01* affect section 3764, chapter
42, of the Revised Laws of Oklahoma, 1910.
as* ^EC- 4. The owner, lessee, agent, superintendent, or person in
charge or occupation of any place, building, room or rooms, or
structure, who knowingly permits therein any assembly 01* con
sort of persons prohibited by the provisions of section 3 of this act,
01* who after notification by authorized public or peace officers that
the place or premises, or any part thereof, is or are so used, per
mits such use to be continued, is guilty of a misdemeanor and pun
ishable upon conviction thereof by imprisonment in the county jail
fop not less than sixty days or for not more than one year, or by
a fine of not less than one hundred dollars or more than five hun
dred dollars, or by both such fine and imprisonment.
Approved March 15, 1919.
C h a p ter
146.— In spect ion o f boilers.
S e c t i o n 1. It shall be the duty of the State factory inspector,
and assistant factory inspectors, under the direction of the commis
sioner of labor, to supervise the work of inspecting and testing of
steam boilers throughout the State and wherever possible, to su
pervise the installation of new boilers.
Boilers to be
Sec. 2. All steam boilers operated in this State, except boilers,
inspected.
under the jurisdiction of the United States, boilers of railroad lo
comotives, and boilers not exceeding fifteen (15) pound gauge pres
sure, shall be subject to the provision of this act, and shall be in
spected at least once each year. They shall be inspected in
ternally and externally, given the hammer test and hydraulic test,
when deemed necessary by the inspector: P rovid ed , This act will
not apply to threshing engines during the threshing season.
Tjrsafe boilers.
Sec. 3. Any boiler which is found to be unsafe shall be repaired
as may be directed by the State factory inspector, or any inspec
tor authorized under the provisions of this act subject to the ap
proval of the State commissioner of labor, and if repairs will not
overcome the defects, the future use of the boiler shall be pro
hibited, and no person shall thereafter cause or permit the use of
such boiler. The use of any boiler, subject to the provisions of
this act, may be temporarily prohibited until repairs are made as
provided for in this act.
Reports.
Sec. 4. Reports of all inspectors shall conform to the require
ments of the State factory inspector and shall be made upon forms
required by the commissioner of labor.
The labor commissioner is hereby empowered to accept the
inspection of any inspector working for or under direction of
the insurance companies who insure such boilers.
Official duty.
TEXT OF LAWS— OKLAHOMA.
261
S ec . 5. The State factory inspector, under the direction of the Rules,
commissioner of labor, is hereby authorized and empowered to
promulgate such rules and regulations as in his judgment are
necessary for the positive safety of steam boilers, and he may
issue orders, either directly or through any State factory inspec
tor's recommendations, to carry into effect such rules and regu
lations. In adopting rules and regulations and issuing orders,
the State factory inspector shall have complete jurisdiction over
the entire boiler, appurtenances and the boiler room.
Sec. 6. No person, firm or corporation shall in any manner inter- H in d e r in g
fere with the performance of the official duties of any inspector spections.
authorized by this act.
S ec . 7. Any person, firm or corporation, owning or operating Violations,
steam boilers in this State, who shall violate any of the provisions
of this act, or the orders, rules or regulations of the State factory
inspector shall, upon conviction thereof, be punished by a fine
of not less than one hundred dollars ($100) nor more than five
hundred dollars ($500) or by imprisonment in the county jail not
to exceed six (6 ) months, or by both such fine and imprisonment.
Approved April 5, 1919.
in-
C h apter 149.— Protection of employees on buildings.
[Section 3775, chapter 42, article 5, Revised Laws 1910, is
amended to read as follows:]
S ection 3775. Any contractor or other person having charge of Noncompliance.
the erection, construction, repairing, alteration, removal or paint
ing of any building, bridge, viaduct, steel tank, standpipe, or other
structure, within the provisions of the three preceding sections,
shall comply with the terms thereof, and any such contractor or
other person violating any of the provisions of the three preceding
sections shall, upon conviction thereof, be fined not less than •
$50 nor more than $200 or imprisoned for not less than thirty days •
nor more than one year, or both such fine and imprisonment, in
the discretion of the court. In addition to the penalties herein
provided, in the event of refusal or neglect of any person, firm F.s e b e Pro*
or corporation, or his or its agents, to comply with the provisions a 1 e *
of the three preceding sections, the use of any such scaffold, hoist,
crane, stays, ladder, support, or other mechanical contrivance,
or the erection, repairing, alteration, removal or painting of any
building, bridge, viaduct, steel tank, or other structure, may be
prohibited by the labor commissioner, or inspector deputized by
him, and a notice to that effect shall be posted upon the premises.Such notice shall not be removed until such scaffold, hoist, crane,
stays, ladder, support or other mechanical contrivance or tem
porary floorings are properly and safely constructed.
Approved April 3, 1919.
C h apter 163.— Employment of icomen— Hours o f labor.
[This act amends chapter 148, Acts of 1915, so as to read as
follows:]
S ection 1. No female shall be employed or permitted to work Nine-hour day.
in any manufacturing, mechanical, or mercantile establishment,
laundry, bakery, hotel, or restaurant, office building or warehouse,
telegraph or telephone establishment, or office, or printing estab
lishment, or book bindery, or any theater, show house, place of
amusement, or any other establishment employing any female
more than nine (9) hours in any one day, nor more than fifty- Hours per week,
four (54) hours in any one week.
S ec . 2. The hours of work may be so arranged to permit the
employment of females at any time so that they shall not work
more than nine (9) hours within twenty-four (24) hours, of
any one day: Provided, hotcecer, That in time of great disaster, Emergency,
calamity, or epidemic, telephone establishments may work their
262
L A B O R
L E G IS L A T IO N
O F
l» lt ) .
operators, witli their consent, for a greater number of hotirs in
any one day than above stated, said operators to be paid not less
than double their regular compensation for such extra time:
Provided , That this act shall not apply to females who are reg
istered pharmacists, or employed as nurses or those engaged in
agricultural or domestic service: And provided further, however,
That in case of emergency in hotels and restaurants, females may
work to a maximum of ten hours during' the twenty-four with
their consent; such females to be paid not less than double their
regular compensation for such extra time: And provided further,
Act applies That this act shall apply only to towns and cities containing a
where.
population of five thousand (5,000) or more, as shown by the
last Federal census or any Federal census hereafter taken: Pro
vided, however, That the provisions of this act shall apply to any
of the establishments mentioned in section one of this act, where
five or more females are employed, and located outside of the
incorporated limits of any city or within the limits of any city,
town, or village of less than five thousand (5,000) population.
Toi l ets and
scats.
Violations.
Sec. 3. Every employer in any manufacturing, mechanical, or
mercantile establishment, or workshop, laundry, printing office,
dressmaking or millinery establishment, hotel, restaurant, or
theater or telegraph or telephone establishment and office, or
any other establishment employing females, shall provide ade
quate and suitablq toilet facilities for such employees and shall
provide suitable seats for all female employees and permit them
to use such seats when not engaged in the active performance of
the duties o f their employment.
Sec. 4. Any employer, overseer, superintendent, foreman, or
other agent of such employment, who shall require or permit any
female to work in any of the places mentioned in sections one,
two, and three, more than the number of hours provided for in
this act, during any day of twenty-four (24) hours, or who shall
fail, neglect, or refuse to so arrange the work of females em
ployed in said places mentioned in sections one and two so that
they shall not work more than the number of hours provided
for in this act during any one day of twenty-four (24) hours or
the number of hours prescribed in this act in any one week, or
wiio shall fail, neglect or refuse to provide adequate and suit
able toilet facilities and seats as provided in section three of this
act, shall be guilty of a misdemeanor and upon conviction thereof
shall be fined not less than fifty dollars ($50) nor more than two
hundred dollars (.$200) or imprisoned in the county jail not Jess
than five (5) or more than thirty (30) days, or by both such fine
and imprisonment.
C h apter 235.— Employment
Schools to be
established.
of children— Continuation
schools.
S ection 1. Whenever in any school district in the State there
shall be employed twenty or more minors over sixteen years of
age and less than eighteen years of age the board of education
of such district shall establish and maintain part-time schools
or classes for not less than one hundred and forty-four hours per
year.
Attendance re
Sec, 3. No minor over sixteen (16) years of age and less than
quired.
eighteen (18) years of age may be employed except under condi
tions which shall permit the attendance of such: minor upon a parttime school or class whenever any such part-time school or class
shall have been established in the district in which such minor is
employed. Whenever any person, firm, or corporation shall em
ploy a minor in violation of this act he shall be subject to a fine of
not less than twenty-five dollars ($25) nor more than fifty dollars
($50) for each separate offense: Provided, however, That the
provisions of this act shall not apply to minors over sixteen years
of age who have completed a common school education and in addi
tion thereto at least two years of high school.
TEXT OF LAWS----OKLAHOMA.
263
S e c . 4. The parent, guardian, or other persons responsible for the
Duty of
custody of any minor or minors over sixteen years of age and under e
eighteen years of age shall be responsible for the attendance of
such minor or minors upon part-time schools or classes whenever
such part-time schools or classes have been established in the
school district in which such minors are employed and the failure
to compel such attendance shall be subject to the same penalties as
are imposed for failure to compel attendance of children over eight
and under sixteen years of age upon public, private, or other school.
S e c . 5. Public officials responsible for the attendance upon public,
Enforcement,
private, and other schools of children over eight and under six
teen years of age shall be in like manner charged wTith the duty of
the enforcement of the attendance of minors over sixteen and
under eighteen years of age upon part-time schools or classes when
ever such part-time schools o¥ classes shall have been established
in the district in which said minors are employed.
Approved April 4 1919.
OREGON.
ACTS OF 1919.
Oh a p t e r 12.— Cri mi na I syndica lism —
Sa hot age.
S e c t io n
1. Criminal syndicalism is hereby defined to be the Definition,
doctrine which advocates crime, physical violence, arson, destruc
tion of property, sabotage, or other unlawful acts or methods as
a means of accomplishing or effecting i* dustrial or political ends,
or as a means of effecting industrial or political revolution, or for
profit.
S e c . 2. “ Sabotage ” is hereby defined to be malicious, felonious,
Same,
intentional, or unlawful damage, injury, or destruction of real
o r personal property of any employer or owner, by his or her em
ployee or employees, or any employer or employers, or by any perMdi or persons, at their own instance, or at the instance, request,
o r instigation of such employees, employers, or any other person.
Sec. 3. Any person who, by word of mouth or writing, advorates, affirmatively suggests or teaches the duty, necessity, pro
priety, or expediency of crime, criminal syndicalism, or sabotage,
or who shall advocate, affirmatively suggest or teach the duty,
necessity, propriety, or expediency of doing any act of violence,
the destruction of, or damage to any property, the bodily injury
to any person or persons, or the commission of any crime or un
lawful act as a means of accomplishing or effecting any industrial
o r political ends, change, or revolution, or for profit; or wiio
prints, publishes, edits, issues, or knowingly circulates, sells, dis
tributes, or publicly displays any books, pamphlets, paper, hand
bill, poster, document, or written or printed matter in any form
whatsoever, containing matter advocating, advising, affirmatively
suggesting or teaching crime, criminal syndicalism, sabotage, the
doing of any act of physical violence, the destruction of or damaje
to any property, the injury to any person, or the commission of
any crime or unlawful act as a means of accomplishing, effecting,
or bringing about any industrial or political ends, or change,
o r as a means of accomplishing, effecting, or bringing about any
industrial or political revolution, or for profit, or who shall openly,
or at all attempt to justify by word of mouth or writing, the com
mission or the attempt to commit sabotage, any act of physical
violence, the destruction of, or damage to, any property, the injury
of any person, or the commission of any crime,- or unlawful act,
with the intent to exemplify, spread, or teach, or affirmatively sug
gest criminal syndicalism, or organizes, or helps to organize, or
become a member of, or voluntarily assembles with any society
or assemblage of persons which teaAes, advocates, or affirmatively
suggests the doctrine of criminal syndicalism, sabotage, or the
necessity, propriety, or expejji^ncy of doing any act of physical
violence, or the commission yi/any crime or unlawful act as a
means of accomplishing or
any industrial or political
ends, change, or revolution, or for profit, is guilty of a felony,
and upon conviction thereof shall be punished by imprisonment in
the State penitentiary for a term of not less than one year nor
more than ten years, or by a line of not more than $1 ,000, or by
both such imprisonment and fine.
Sec. 4. The owner, lessee, agent, superintendent, or person in Permitting
charge or occupation of any place, building, room or rooms, orsemblage*
structure, who knowingly permits therein any assembly or con
sort of persons prohibited by the provisions of section 3 of this
act, or who, after notification by authorized public or peace officers
that the place or premises, or any part thereof, is or are so used,
permits such use to be continued, is guilty of a misdemeanor and
266
LABOR LEGISLATION OF 1910.
punishable upon conviction thereof by imprisonment in the county
jail for not less than sixty clays nor for not more than one year,
or by a fine of not less than $100. nor more than $500, or by both
such imprisonment and fine.
Approved February 3, 1919.
C h apter 24.— Paym ent o f wages at termination o f employment.
pakL 63
[This act amends section 5067, Lord’s Oregon Laws, 1910, so as
to read as follows:]
S e c t io n 5067. Whenever an employer discharges an employee, or
where such employment is terminated by mutual agreement, all
wages earned and unpaid at the time of such discharge shall be
come due and payable immediately. When any such employee,
not having a contract for a definite period, shall see fit to quit
or resign his employment, all wages earned and unpaid at th ‘
time of such quitting or resignation shall become due and pay
able immediately: Provided, Such employee shall have given not
less than three days’ notice of his intention to quit his employ
ment, and if such notice has not been so given then such wages
shall be due and payable three days after such employee shall
have so quit his employment; but when any number of employees
enter upon a strike, the wages due such striking employees at
the time of entering upon such strike shall not become due and
payable until the next regular pay day after the commencement of
such strike: Provided, That the time between the commencement
of the strike and such next regular pay day does not exceed a
period of thirty days, and if such time does exceed the period
of thirty days then such wages shall be due and payable thirty
days after the commencement of such strike.
Approved February 7, 1919.
C h a p t e r 47.— Em ployment o f women— Minority.
[This chapter amends section 7099, Lord’s Oregon Laws, 1910,
so as to read as follows:]
Effect of marS ection 7099. All female persons shall be deemed to have arriage, etc.
rived at the age of majority upon their being married, according
to law, or, for the purpose of consenting to the adoption of an ille
gitimate child when it is shown in the court in which such pro
ceedings are pending that such female person is the mother of
Subject to law. said illegitimate child: Provided, how ever, That in the enforce
ment of the laws regulating the hours of labor of minor children
any female under the age of eighteen years shall be regarded as a
minor and subject to the labor laws applying to minor children.
Approved February 15, 1919.
C h apter 54.— Attorney's fees in suits for tcages.
[This act amends section 5068, Lord’s Oregon Laws, 1910, so as
to read as follows :1
Suits for wages.
S e c t io n 5068. In any action for the collection of any such order,
check, memorandum, or other acknowledgment of indebtedness,
or in any action for the collection of wages, if it is shown that such
order, check, memorandum, or other acknowledgment of indebted
ness, or said wages were not paid for a period of forty-eight
hours after proper demand for the payment thereof, the court
shall, upon entering judgment for the plaintiff, include in such
judgment, in addition to the costs and disbursements otherwise
Fee.
prescribed by statute, a reasonable sum for attorney's fees for
prosecuting said action, unless it shall appear that such employee
has willfully violated his contract of employment: Provided, In
case o f an employee voluntarily quitting an employment, such
employee shall have given not less than three days’ notice of his
intentions to quit his employment.
Approved February 17, 1919.
TEXT OF LAWS----OREGON.
267
C h a p t e r 178.— Conciliation and arbitration— State hoard.
S e c t i o n 1. A board is hereby created which shall be known as
Board created,
the State Board of Conciliation and shall consist of three commis
sioners. Immediately upon taking effect of this act the governor
shall appoint two of such commissioner s, one to be selected from a A ppointm ents,
list of five names* to be submitted by the Employers’ Association of
Portland, and one from a list of five names to be submitted by the
State Federation of L abor; and the third member of said board
shall be chosen by the commissioners appointed by the governor,
within ten days from, the date of their appointment. I f the two
commissioners appointed by the governor shall be unable to agree
upon the third member of the board within ten days from the date
of their appointment, then the governor shall appoint such third
member of the board. The commissioners appointed by the gov
ernor shall be appointed for the term expiring on the first Monday
in January, 1922, and the first Monday in January, 1923r and the
term of the third commissioner shall expire on the first Monday in
January, 1921; and thereafter the commissioners shall be ap
pointed, in the same manner and from the same classes as herein
before provided, for terms of four years, respectively.
S e c . 2 . The governor may, at any time, remove any commissioner
Removal,
for inefficiency,, neglect of duty or malfeasance in office. Before
such removal he shall give such commissioner a copy of the charges
against him and shall fix the time when he can be heard in his own
defense, which shall not be less than ten days thereafter, and such
hearing shall be open to the public. I f such commissioner shall
be removed,, the governor shall file in the office of the secretary of
state a complete statement of all charges made against such com
missioner and his findings- thereon, with a record of the proceed
ings. Such power of removal shall be absolute, and there shall
be no right of review by any court on any condition whatsoever.
Upon the removal of such commissioner a successor shall be ap
pointed to fill out the unexpired term, and shall be selected in the
same manner and from the same class as the commissioner so re
moved was. selected from. Before entering on the duties of his
office each commissioner shall take and subscribe to an oath or Oath.
affirmation that he will support the constitution of the United
States- and of this State, and to faithfully and honestly discharge
the duties of such office of commissioner, which oath or affirmation
shall be filed in the office of the secretary of state.
Sec. 3. The board shall meet at the State eapdtol and shall O r g a n iz a t io n ,
organize by the election of one of its members as chairman and etc.
another *member as secretary. As soon as practicable after its
organization the board shall establish such rules of procedure
as may be necessary to conduct the business of the board. Suit
able rooms at the capitol shall be provided by the State for the
use of the board.
Compensation.
S e c . 4. Each member o f the board shall receive five dollars ($o)
for each day of actual service, and his necessary traveling and
other expenses. Each month the chairman of the hoard shall
certify the amount due each member of the board for service
rendered and expenses incurred in the performance of his official
duties hereunder, and on presentation of a claim therefor the
secretary of state shall audit same in the manner provided by
law and draw M s warrant on the State treasurer out of the
moneys appropriated therefor.
Sec. 5. The board shall possess ail the powers and authority Powers,
in respect to administering oaths, subpenaing witnesses and
compelling their attendance,, preserving order during the sittings
of the board, punishing for contempt, and requiring the produc
tion of books, papers and writings, and all other powers and
privileges^ in their nature applicable and necessary in conducting
its business, in the same manner as is conferred by law on all
the judges of the Circuit Court of the State of Oregon in the trial
of any cause, and shall have access to any reports, documents,
L A B O R
2 6 8
Pi oc-edure.
3 Kves ligation .
.Forcings.
Ai titr a tio n .
Ttcfusirg c o n
Ciiiiition.
L E G IS L A T IO N
O F
1&1&.
01* records filed with or in the custody of any officer in the State
of Oregon.
Sec. 6. When a controversy or difference, not involving a ques
tion which may be the subject of an action or proceeding in a
court of this State, exists between an employer and his employees,
or whenever it shall come to the knowledge of the board that a
strike or lockout is seriously threatened in the State, involving
an employer and his employees, if he is employing not less than
fifty persons, the board shall immediately put itself in com
munication with such employer and employees and ascertain the
cause of such difference, strike or lockout, and endeavor to per
suade such employer and employees to adjust the same. If
such employer and employees are unable to adjust the differ
ence existing between them, then either of the parties to the
controversy, or the officials of the city in which such strike or
lockout may exist, or the officials of the county in which the same
may be, if outside of any incorporated city or town, may request
the board to make an investigation of the cause or causes of such
strike or lockout.
S e c . 7. Upon receiving such request to investigate a strike or
lockout, the board shall immediately proceed to such city or county
and make such investigation by a public hearing, and shall issue
notice of the time and place and purpose of such hearing to said
employer and to said employees. The board may issue subpenas
requiring the attendance of such witnesses and the production of
such records, books, and papers as it may deem necessary to make
a thorough investigation of the merits and cause or causes of such
strike or lockout. Subpenas may be signed and oaths administered
by any member of the board. Said notices and subpenas shall
be delivered to the sheriff of the county in which the board is hold
ing its investigation, and shall be served in the same manner as
similar process is served in the Circuit Court of the State o f
Oregon.
S e c . 8. The board shall proceed with due diligence to complete
the investigation of such strike or lockout, and shall make such
findings and recommendations to the respective parties as it may
deem just. I f either or both of the parties are not satisfied with
such findings and recommendations, then either party may make
written application to the board to have such controversy or differ
ence submitted to a board of arbitration. The application shall
contain a concise statement of the grievances complained of, and
an agreement to abide by such award as the board of arbitration
may make.
S e c . 0. The board of arbitration shall consist of three arbitrators.
Such board may be mutually agreed upon, or the employer may
designate one arbitrator and the employees or their duly au
thorized agent another, and the arbitrators so designated shall se
lect a third, who shall be chairman of the said board. I f the two
arbitrators shall he unable to agree upon the third member within
two days from the date of their appointment, then the State board
of conciliation shall appoint such third arbitrator. The board of
arbitration shall have all the powers and authority conferred upon
the State board of conciliation, as provided in section 5 of this
act, in investigating such controversy, strike, or lockout.
S e c . 10. I f either of the parties shall refuse to accept the find
ings anu recommendations of the State board of concilation, or
shall refuse to consent to the appointment of a board of arbitra
tion and agree to accept and abide by the award of such board
of arbitratign, then the State board of conciliation shall pre
pare written findings, and determine therein the party who is
responsible for the existence or continuance of such strike or
lockout; and shall deliver a copy of such findings to each of the
parties to the controversy, and file one copy with the clerk of
the county court of the county in which such investigation was
held, and one copy in the office of the commissioner of labor of
the State of Oregon, which last two copies shall be public docu
ments.
TEXT OF LAWS---- OREGON.
263
S ec. 11. Eaeli witness summoned by the State board of con- WitneEs fees,
•filiation, or by tlie board of arbitration, shall receive $2 for each
day's attendance, and 5 cents for each mile necessarily traveled
in going to and from the place of such hearing. The chairman
of the State board of conciliation or the chairman of the board
of arbitration, as the case may be, shall certify the amount due
each witness and tile the same with the clerk of the county court
in the county in which such hearing is being held, and such claim
shall be audited by the county court and allowed in the same
manner as'witness fees in criminal actions in the circuit court.
S e c . 12. Each member of a board of arbitration shall receive
P ay for aib ifrom the county in which the controversy exists the sum of $5 trators.
for each day of actual service, not exceeding twenty days, for
any arbitration, to be certified to the clerk of the county court
by the chairman of the board; and such claim shall be audited
and allowed by the county court in the same manner as witness
fees in criminal actions in the circuit court.
S e c . 13. The board of arbitration shall file a copy of its findings
Findings,
and award with each of the parties to the controversy, a copy with
the clerk of the county court of the county in which such hearing
is held, a copy with the State board of conciliation, and a copy
with the commissioner of labor of the State of Oregon within ten
days from the date of the final hearing: P rovided, That the State
board of conciliation may allow an extension of time to file such
findings and award, not to exceed twenty days. No claim for
services shall be allowed any member of the board of arbitration
until the findings and award shall have been filed as herein pro
vided.
S e c . 14. On the thirty-first day of July of each year the State
Reports.
board of conciliation shall make a report to the governor, con
taining such statements, facts, and explanations as will disclose
its methods and work, with such suggestions as to legislation con
ducive to the adjustment of disputes between employers and
employees as it may deem proper.
Filed in the office of the secretary of state February 27, 1919.
C h a p ter
181.— F a ctory, etc., regulations — Lighting.
S e c t i o n 1. The following terms, as used in the various sections
of this act, shall be construed as follow s:
(a ) The phrase “ place of employment” shall mean and include Definitions,
every place, whether indoors or out, or underground, and the
premises appurtenant thereto, whether either temporarily or per
manently any industry, trade, or business is carried on, or where
any process or operation, directly or indirectly, relating to any
industry, trade, or business is carried on, and where any person
is directly or indirectly employed by another for direct or indi
rect gain or profit, but shall not include any place where persons
are employed in private domestic service or agricultural pursuits
which do not involve the use of mechanical power.
(b) The term “ ow ner” shall mean and include every person,
firm, corporation, State, county, town, city, village, manager, rep
resentative, officer or other person having ownership, control, or
custody of any place of employment or of the construction, repair,
or maintenance of the buildings of any such place of employment
or who prepares the plans for the construction of any place of
employment.
S e c . 2. All passageways and other portions of places of employL igh tin g
rement, and all moving parts of machinery which are not so guarded quired.
as to prevent accidents, where, on or about which persons work
or pass or may have to work or pass in emergencies, shall be kept
properly and sufficiently lighted during working hours. The
halls and stairs leading to the workrooms shall be properly and
adequately lighted, and a proper and adequate light shall be kept
burning by the owner or lessee in the public hallways near the
stairs, upon the entrance floor, and upon the other floors on every
workday in the year, from the time when the 1 uilding is open for
270
W orkroom s.
Schedule.
Lamps.
Distribution of
ligh t.
L A B O B
L E G IS L A T IO N
O F
1 0 1 !).
use in the morning until the time it is closed iii the evening, except
in. times when the influx of natural light shall make artificial
light unnecessary. Such lights shall be so arranged as to insure
their reliable operation when through accident or other cause the
regular factory or workshop lighting is extinguished.
Sec. 3. All workrooms in any place of employment shall be
properly and adequately lighted during working hours. Artificial
illuminants in every workroom shall be installed, arranged, and
used so that the light furnished will at all times be sufficient and
adequate for the work carried on therein, and so as to prevent
unnecessary strain on the vision, or glare in the eyes of the
workers.
Sec. 4. Working or traversed spaces in all places of employment
as defined in this act shall be supplied during the time of uso
with artificial light in accordance with a schedule of minimum
values which shall be determined as hereinafter specified, and
'when the natural light is less than the intensity so determined, the
artificial light must be used.
S e c . 5. Lamps must be so located or suitably shaded as to mini
mize glare.
Sec . 6. A ll lamps and lighting appliances must be so installed in
regard to height, spacing, reflectors or other accessories as to se
cure a good distribution of light on the work, avoiding objection
able shadows and sharp contrasts of intensity. Emergency lamps
shall be provided in the main aisles and in all stairways, passage
ways and exits so as to afford sufficient guidance to provide the
safe exit from said places of employment in case of emergency.
Such lamps shall be in operation concurrently with the lighting
and independent thereof.
Sec. 7. The switching and controlling apparatus shall be so
placed that at least pilot or night lights may be turned on at the
main points of entrance.
Power of com
S ec . 8. The commissioner of labor and inspector of factories and
m issioner o f la
workshops of the State of Oregon is hereby authorized to estab
bor.
lish certain minimum values for lighting, which shall be deemed
proper and adequate in accordance with the conditions set forth in
this act. In arriving at what values shall be used in this schedule
of minimum lighting, and such other rules as shall determine defi
nitely what shall constitute compliance with the provisions of this
act, he shall be guided by the best engineering practice as set
forth in the recommendations of the illuminating engineering so
ciety. Before such schedule and rules, however, shall become
effective, the commissioner of labor must, upon his own motion^
appoint a commission of three persons, one to represent the manu
facturing interests, one to represent the operating electrical work
ers, and one must be an electrical engineer. Notice of the public
meetings of such commission shall be published in the leading new sr
papers of each county in the State, giving the time, place, and pur
pose of such meetings. The commission shall have poyrer, after
holding these public meetings, to establish, to rearrange or to re
adjust the schedule of lighting values and rules as above set forth.
These rulings or readjustments shall then become effective, thirty
days after they have been made, and the commissioner of labor
shall serve notice, in writing or by publication in the leading news
papers of each county in the State, of the rulings thus made and
of the date upon which they become effective.
Sw itch appara
tus.
Violations.
Sec. 9. Any person, firm, or corporation who violates or does
not comply with the provisions of this act or who shall fail or
neglect to provide the necessary and proper illumination herein
provided, within thirty (30) days after receiving wTitten notice
so to do by the commissioner of labor and inspector of factories
and workshops, is guilty of a misdemeanor, and upon conviction
shall be punished by a fine not exceeding the sum o f fifty dollars
($50>, and that for the purposes of this act each day that such
violation continues, 01* for each day such refusal continues, shall
constitute a separate and distinct violation o f this act.
Filed in the office of the secretary of state February 27, 1910.
271
TEXT OF LAWS---- OREGON
C h a p te e
270.— P rotection o f em ployees in buildings — In ju ries due
to violations.
[This act amends sub-section 4, section 5057a, Lord’s Oregon
Laws 1910, so as to read as follows:]
4.
If tliere shall be any loss of life by reason of the neglects
or failures or violations of the provisions of this act by any
owner, contractor, or subcontractor, or any person liable under
the provisions of this act, the widow of the person so killed* his
lineal heirs or adopted children, or the husband, mother, or father,
as the case may be, shall have a right of action, without any limit
as to the amount of damages which may be awarded: P rovid ed ,
That if none of the persons entitled to maintain such action reside
within the State of Oregon, then the executor or administrator of
such deceased person shall have a right to maintain such action for
their respective benefit in the order above named.
Filed in the office of the secretary of state March 3,1919.
Right of action,
Chapiter 313. — E m p lo yer s’ advances — Fraudulent representations.
S e c tio n 1. Every person who, with intent to defraud, shall Offenses,
sign for and accept or receive transportation to or in the direc
tion of a place of employment provided l>y or at the instance or
expense of the proposed employer, or who shall knowingly or
with intent to defraud, accept or receive the benefit of any other
pecuniary advancements made by or at the instance or expense
of his employer, as advances against wages for labor to be per
formed, and who shall neglect or refuse to render service or per
form labor or pay in money equal in value to such transporta
tion or other benefits accepted or received, shall be guilty of a
misdemeanor and shall be fined not exceeding $100 or imprisoned penaity.
not exceeding sixty days, or both such fine and imprisonment
at the discretion of the court; and the failure or refusal of any
such person to render service, perform labor, or pay in money
for such transportation or other benefits, shall be prima facie
evidence of his or her intent to defraud: P rovided, That at or
prior to the time of advancing such transportation or other bene
fits the employer shall have delivered directly to such laborer or
shall have filed in duplicate with the employment agency through
which any such laborer is secured, one copy of which shall be
delivered to such laborer, a written or printed statement setting
forth the wages to be paid, the character of the work to be per
formed and the living and working conditions: P rovided fu rth er ,
That sueh wages to be paid, the character of the work to be per
formed, and? the living and working conditions must be as in such
written or printed statement represented.
Sec. 2. Every employer of labor who shall directly or through Faisc st at e
any agent, knowingly and with intent to deceive, file with any ments.
employment agency as a preliminary to securing labor, a false
written or printed statement of wages to be paid, wTork to be
performed, or living and working conditions, shall be guilty of
a misdemeanor and shall be fined not to exceed $100 or imprisoned
not to exceed sixty days, or both such fine and imprisonment at
the discretion of the court; and the failure or refusal of such
employer to employ any laborer, to whom such written or printed
statement has- been delivered, shall be prima- facie evidence of
intent to deceive.
Filed in the office of the secretary of state March 4, 1910.
C h a p te r 324.— E m p loym en t o f children— Continuation schools.
S e c t i o n 1. The district school board of any school district in schools to
which there shall reside or be employed, or both, not less than tabiished.
fifteen children between the ages of fourteen and eighteen years,
who have entered upon employment, shall establish part-time
be cs-
27-2
L A B O R
L E G IS L A T IO N
O F
1»1».
schools or classes for such employed children, excepting under the
conditions hereinafter provided.
N a t u r e of
Sec. 2. A part-time school 01* class established in accordance
Mhoc-].
with the terms of this act shall provide an education for children
who have entered employment which shall be either supplemental
to the work in which they are engaged, or which shall continue
their general education, or shall promote their civic and vocational
intelligence.
Attendance.
S ec . 3. All children between the ages of sixteen and eighteen
years must be in school or legally employed. If employed, they
must attend the part-time schools herein provided not less than
live hours per week or 180 hours per year, unless they have already
acquired the ordinary branches of learning#taught in the first
eight years of the public schools or are attending an evening school
for an equivalent time.
Certificates.
S ec . 4. The district school board of any school district, or the
county school superintendent, shall issue to any child between the
ages of fourteen and eighteen years, applying for the same, or to
the board of inspectors of child labor, a certificate giving the age
of the child as it appears upon the register of the school which he
has been attending, the grade which he has attended, and his place
of residence, and shall keep on file a duplicate copy of such cer
tificate. This certificate shall be signed by the district school clerk,
giving also his address and district number, 01* by the county school
superintendent, and shall be filed with the board of inspectors of
child labor. Upon receipt of this certificate, the board of inspec
tors of child labor shall issue to the child presenting the same, if
all requirements of the child labor act have been fulfilled, an
age and schooling certificate which he shall present to his em
ployer before engaging in any work. Districts of the first class
Khali be required to deliver duplicate copies of the registration
blanks signed in original by the parents, guardian, or custodian of
each child of school age in attendance once each year, to the
board of inspectors of child labor, upon request.
Duty of em ploy
Sec. 5. The employer of any minors under eighteen years of age
ers*
shall keep a list of minors so employed and shall keep on file the
certificate issued by the board of inspectors of child labor, which
board shall notify the county school superintendent or the school
board of the district in which the child last attended school of
such employment within five days after the beginning of such em
ployment. When such minor shall cease his employment, the em
ployer shall within five days return the age and schooling certificate
to the board of inspectors of child labor. Within five days from
the receipt of said age and schooling certificate the board of in
spectors of child labor shall notify the district school clerk 01*
county school superintendent that the child is 110 longer employed.
S ec . 6. Whenever any school board shall deem it inexpedient to
Fistricts
e x cuved, when.
organize part-time schools or classes for employed minors, it
shall state the reason for such inexpediency in a petition to the
State superintendent of public instruction and when the State sup
erintendent shall judge such reasons as valid, the school board
shall be excused from the establishment of such part-time schools
or classes.
Tim e.
S ec . 7. Part-time schools or classes established in accordance
with the provisions of this act shall be in session not less than five
hours a week between the hour of 8 a. m. and 6 p. m., during the
number of weeks which ^other public schools are maintained in the
district establishing such part-time schools or classes.
S ec . 9. Whenever the number of hours for which a child be
Counted as work
tJriic.
tween the ages of fourteen and eighteen [years] may be employed
shall be fixed by Federal 01* State law, the hours of attendance
upo& a part-time school or class organized in accordance with the
terms of this act shall be counted as a part of the number of hours
fixed for legal employment by Federal or State laws.
S ec . 30. Every parent, guardian, 01* other person in the State of
Duty
of par
ent u
Oregon having control of any child or children between the ages of
T E X T
O F
L A W S —
273
O R E G O N .
sixteen and eighteen [years] who has not already acquired the
ordinary branches of learning taught in the first eight grades of
the public schools, shall be required to send such child or chil
dren to a part-time school or class, whenever there shall have been
such part-time school or class established in the district where the
child or children reside or may be employed.
Sec. 11. In case any parent, guardian, or other person in the
State of Oregon having control or charge of any child or chil
dren between the ages of sixteen and eighteen [years], or any
school officer or other person upon which a duty is placed by
this act, shall fail to comply with the provisions of this act, he
shall be deemed guilty of a misdemeanor and shall, on convic
tion thereof, be subject to a fine of not less than $5 nor more
than $25, or by imprisonment in the county or city jail not less
than two nor more than ten days, or by both such fine and im
prisonment, at the discretion of the court.
Sec. 12. Any person, firm, or corporation employing a child
between the ages of fourteen and eighteen years, shall permit
the attendance of such child upon a part-time school or class
whenever such part-time school or class shall have been estab
lished in the district where the child resides or may be employed,
and whenever such child has not acquired the ordinary branches
of learning taught in the first eight grades of the public schools;
d any such person, firm, or corporation employing any child
between the ages of fourten and eighteeen [years] contrary to
the provisions of this act, or in any way failing to carry out
the duties placed upon him by the provisions of this act, shall
be subject to a fine of not less than $10 nor more than $25 for
each separate offense.
Sec. 13. The truant officer appointed by the district boundary
board of each county shall be charged with the responsibility
of the enforcement <>f the attendance upon part-time schools
and classes of children between the ages of fourteen and eighteen
Iyears] in accordance with the terms of this act.
Filed in the office of the secretary of state March 4, 1919.
Violations.
Same.
Enforcem ent.
Chapter 346.— L a b o r organizations— In junctions.
Section 1. It shall be lawful for working men and women to Unions law ful.
organize themselves into, or carry on labor unions for the pur
pose of lessening the hours of labor or increasing the wages or
bettering the conditions of the members of such organizations;
or carrying out their legitimate purposes as freely as they could
do if acting singly.
Sec. 2. No restraining order or injunction shall be granted Restriction on
by any court of this State, or any judge or judges thereof in injunctions.
any case between an employer and employee or between em
ployer and employees or between employees or between persons
employed and persons seeking employment, involving or growing
out of a dispute concerning terms or conditions of employment,
unless necessary to prevent irreparable injury to property, or
to a property right of the party making the application, for
which injury there is no adequate remedy at law, and such
property or property rights must be described with particularity
in the application, which must be in writing and sworn to by
the applicant or his agent or attorney.
Sec. 3. No restraining order or injunction shall prohibit any Strikes.
person or persons, whether singly or in concert, from terminat
ing any relation of employment or from cessing to perform any
work or labor; or from recommending, advising, or persuading
others by peaceful means so to do; or from attending at any
place where any person or persons may lawfully be, for the pur
pose of peacefully obtaining or communicating information, or
from peacefully persuading any stfch person to abstain from
working; or from ceasing to patronize any party to such dispute;
1 7 5 7 ° — 2 1 ------ 1 8
274
Picketing.
LABOR LEGISLATION OE 1919.
from recommending, advising, or persuading others by peaceful
or lawful means so to d o ; or from paying or giving to, 01* with
holding from, any person engaged in sucli dispute, any strike
benefits or other moneys or things of value; or from peaceably
assembling in a lawful manner, and for lawful purposes; or
from doing any act 01* thing which might lawfully be done in the
absence of such dispute by a single individual; or shall any of
the acts specified in this section be considered or held to bi*
illegal or unlawful in any court of the State.
statu s of labor.
gEC> 4. >phe labor of a human being is not a commodity or
article of commerce, and the right to enter into the relation of
employer and employee, or to change that relation; or to assume
and create a new relation for employer and employee; or to worl<
and labor as an employee, shall be held and construed to be a
personal, and not a property right. In all cases involving the vio
lation of the contract of employment, either by the employee or
employer, where 110 irreparable damage is about to be committed
011 the property, personal rights, or property rights of either, 110
injunction shall be granted, but the parties shall be left to their
remedy at law.
No indictm ent,
Sec. 5. No person shall be indicted, prosecuted or tried in any
etccourt of this State for entering into 01* carrying on any arrange
ment, agreement, or combination between themselves made with
a view' of lessening the number of hours of labor or increasing tlie
wages or bettering the conditions of working men and women,
or for any act done in pursuance thereof, unless such act is in
itself forbidden by law if done by a single individual.
Provisions sevS e c . 6. If any part of this act shall for any reason be'adjudged
erabie.
by any court of competent jurisdiction to be invalid, such judg
ment shall not affect, impair, nor invalidate the remainder of this
act, but shall be confined in its operation to the particular part
thereof directly involved in the controversy wherein such judg
ment shall have been rendered.
Filed in the office of the secretary of state March 4, 11)19.
,OT
C
H ospital fund.
Purposes.
E quipm ent.
Cooperation.
h apter
435.— Vocational rehabilitation of injured workers.
1. That the State industrial accident commission is
hereby authorized and directed to set aside, out of the industrial
accident fund, a sum of money not exceeding $400,000 for the pur
pose of constructing and equipping an industrial and reconstruc
tion hospital.
S ec . 2. Said industrial accident commission is further authorized
and empowered, when deemed advisable by it, to construct and
equip an industrial and reconstruction hospital for the purpose
of caring for and reconstructing workmen injured in industrial
pursuits, and for such other purposes as may be deemed advisable
by the commission, and to use in the construction and equipment
of said hospital the sum of $400,000 set aside by section 1 of thin
act, or so much thereof as is necessary.
g EC> 3. xhe State industrial accident commission is further au
thorized and empowered to purchase and use such equipment for
the reconstruction and rehabilitation of injured workmen as it
may deem advisable, prior to the construction of such industrial
and reconstruction hospital, all of the equipment so purchased to
become part of the equipment of the industrial and reconstruction
hospital when such hospital is constructed, such purchases to be
made from the fund set aside in section 1 hereof.
Sec. 4. It is further provided that, in case the State board of
control should he authorized by vote of the people to construct a
reconstruction hospital, the State industrial accident commission
is empowered to join with the State board of control in the con
struction and equipment of such Iiospital, the total cost of which
•shall not exceed $500,000, of which amount the fund hereby set
aside from the industrial accident fund shall bear not more than
one-half.
S e c t io n
Filed in the office of the secretary of state March 4, 1919.
PEN N SYLV AN IA.
ACTS OF 1919.
A ct No. 13 .— Payment o f wages due deceased employees.
[This act amends subsection (f) of section 49 of Act No. 193,
Acts of 1917, so as to read as follows:
(f)
It shall be lawful for any employer in this Commonwealth, P a y m e n t
at any time not less than thirty days after the death of his em- wife>etcployee, to pay all wages due to such deceased employee to the wife,
children, father or mother, sister or brother (preference being
given in the order named) of the deceased employee, without re
quiring letters testamentary or of administration to be issued upon
the estate of said deceased employee, where such wages do not ex
ceed one hundred and fifty dollars in amount. If such deceased A m ount,
employee shall not leave a wife or any of said relatives surviv
ing him, then it shall be lawful for the employer in like manner to
pay such wages to the creditors of the decedent, as follows: Under
taker, physician, boarding-house keeper, and nurse, each his or her
pro rata share, upon affidavit of fact furnished. The payment of
such wages as aforesaid sliall be a full discharge and release to the
employer from any further claim for such wages.
Approved the 26tli day of March, 1939.
A
ct
No. 63.— Department of labor and industries— Transfer of
bureau of statistics .
Section 1. Pursuant to the requirements of the constitution, . Bureau
tliere is hereby established within the department of internal a f-llshed'
fairs of the Commonwealth a bureau of statistics and information.
Sec. 3. The bureau shall collect, compile, and publish all sta- Duties,
tistics and useful data and information relating and pertaining
to labor, coal mining, oil and gas production, manufacturing in
dustries, commercial operations, public service companies (except
transportation companies, which are collected, compiled, and publisted by the bureau of railways in the department of internal af
fairs), and other bumness interests of the State; and in order to
facilitate the duties herein imposed, all corporations, firms, or in
dividuals, engaged in business as herein described, within this
Commonwealth, are hereby required to furnish such statistical
information as the secretary of internal affairs or the chief of
such bureau may require. The secretary of internal affairs shall
have a complete summarized and systematized report of the sta
tistics and information collected and compiled by the bureau pub
lished annually, and shall otherwise provide means for making
such information available for the use and benefit of the public
as he may find necessary. A l l records, files, work in course of Transfer
eempletion, and such equipment and supplies, as may be necessary ords> ctc*
in the work of said bureau, now in the possession of the produc
tion division of the bureau of statistics and information in the de
partment of labor and industry are hereby transferred to the bu
reau hereby established, and are to be delivered to the secretary
of internal affairs when this act goes into effect. This act shall be
in effect on the first day of June, one thousand nine hundred and
nineteen.
Approved the 18th day of April, 1919.
275
estnb-
of ree-
to
276
L A B O R
A
ct
N
o.
L E G IS L A T IO N
O F
1919.
164.— Factory, etc., regulations— Toilet rooms.
[Sections 1 and 2 of Pamphlet Law 673 of Acts of 1911, as
amended by Act No. 32, Acts of 1913, are further amended to in
clude “ any rolling mill, boiling mill, heating mill, or finishing
mill.”]
A
ct
No. 202.— Factory, etc., regulations— Sprinkler systems.
[Section 1 of Act No. 357, Acts of 1917, is amended to require,
in addition to tlie present provisions, that all factories, workshops,
etc., “ shall be equipped with either an automatic sprinkler system
or with an automatic fire-alarm system to be approved by the
commissioner of labor and industries.”]
A
ct
No. 325.— Inspection and regulation of bakeries.
DEFINITIONS.
Bakery.
Products.
Person.
Department.
Drainage.
Light and air.
Floors.
A. The word “ bakery,” as used in this act, shall mean and
include all buildings or parts of buildings, cellars, and basements,
wherein labor is employed and which are used for the mixing and
other preparation of all ingredients entering into the manufacture,
as well as the manufacture and handling of all bakery products
intended for sale.
B. The word “ products,” as used in this act, shall mean and
include macaroni, bread, cakes, crackers, biscuits, pies, crullers,
rolls, pretzels, and all other things usually manufactured in' a
bakery and intended for human consumption, as well as all in
gredients entering into their manufacture.
C. The word “ person,” as used in this act, shall mean and in
clude all persons, firms, partnerships, associations, and corpora
tions. It shall also include the masculine, feminine, and neuter
gender, as well as the singular and plural.
D. The word “ department.” as used in this act, shall mean the
Department of Labor and Industry of the Commonwealth of
Pennsylvania.
S e c t i o n 1. All bakeries shall be drained and plumbed in the
manner as is now or may hereafter be prescribed by law and the
rules and regulations promulgated by the proper authority in
pursuance of law.
Sec. 2. All bakeries shall be well lighted, and shall be so con
structed that at least two hundred cubic feet of fresh air per
minute will be admitted to that part of the bakery wThere one
and not more than three persons are employed in the manufacture
of such products. If more than three persons are so employed
therein, then for each such person over three, spending three
hours or more at a time therein, the quantity of air admitted
shall be increased by at least sixty-six cubic feet. If, to produce
the ventilation herein required it becomes necessary, in any par
ticular instance, to install mechanical means for that purpose,
such means shall be of a permanent, practical, and substantial
nature, capable of producing the ventilation herein required, and
shall be approved by the department: Provided, however, That
where, in bakeries established at the time of the passage of this
act, compliance with the provisions of this section requires altera
tions or additions, or where such mechanical means become
necessary, their completion or installation shall not be required
prior to the first day of July, one thousand nine hundred and
twenty, or within such additional period of time as the depart
ment may specify.
Sec. 3. All bakeries shall have tight floors, constructed of
cement, wood, or tiles laid in cement, free from crevices or open
joints. The inside walls, except partitions, shall be plastered
or otherwise hard and smooth surfaced. All inside walls, includ
ing partitions and overhead space, shall be kept free from crevices
and open joints, and shall be painted or lime washed.
T E X T
O F
L A W S —
P E N N S Y L V A N IA .
277
Sec. 7. AH doors, windows, and other openings, leading into or Doors and
out of bakeries, shall be screened, and shall be so constructed w ows*
and maintained as to admit the most light and air reasonably
possible under the circumstances.
Sec. 9. Reasonably adequate toilet and washing facilities shall TT1?,ile ts and
be provided in the building Avherein a bakery is located. T h eMas 100ms*
use of washing facilities shall be strictly observed by all persons
employed or permitted to work in bakeries, before beginning and
during work, as well as after every use of the toilet. Such facili
ties. and all rooms used for living or sleeping purposes by per
sons employed therein, shall be kept in a clean and sanitary
condition, and all living and sleeping rooms shall be separate
from the portion of the building used as a bakery.
Sec. 10. Every person while engaged in the course of the manu- Clothing,
facture of such products shall wear special suitable outer cloth
ing of a readily washable and closely woven material, which
shall be thoroughly boiled and cleansed at least once each week.
No clothes or other personal apparel shall be kept in such bakery.
Every employer shall provide suitable clothes closets in the prem
ises,, separate from that portion used as a bakery.
S ki*. 14. No person who is afflicted with any communicable clis- Diseased p c r
ease or skin affection shall be employed or permitted to work60®8*
in such bakery anywhere in the piocess of the manufacture of
such products. Every person so employed or permitted to work
shall obtain a certificate from a duly licensed physician, certify
ing that such person is free from any communicable disease or
skin affection, and no person shall be employed or permitted to
work as aforesaid in such bakery without having first obtained
,such a certificate. Said certificate shall be kept on file in the
premises at all limes while the person to whom the certificate
refers is employed or permitted to work therein. The certificate
shall be valid for a period of six months, and may be revoked
at any time prior thereto if the condition of such person war
rants it.
Sec. 15. The department of labor and industry, acting through Enforcement,
its duly constituted agency and proper agents, shall be charged
with the enforcement of the provisions of this act. It shall have
exclusive power to institute proceedings to punish violations
hereof, except as to sections one, eleven, and fourteen of this
act, the provisions of which may be enforced and proceedings
for the violation of which may be instituted by the proper State
^
or local authorities. All orders of the department must be com
plied with within ten days after receipt of written notice thereof
or within such additional period of time as the department may
specify.
Approved the 9th day of July, 1919.
A ct N o. 354.— Mothers' pensions.
S e c t i o n 1. In each county of the Commonwealth which by the
County boards,
action of its county commissioners accepts the provisions of this
act, the governor shall appoint a board of trustees, composed
of not less than five and not more than seven women, residents
of the county, to be called the board of trustees of the mothers’
assistance fund. All trustees heretofore appointed for the several
counties by the governor for such purposes shall continue to act,
and shall constitute the boards to administer the provisions of
this act; and all counties which have heretofore availed them
selves of the provisions of the acts repealed by this act shall
be deemed to have accepted the provisions of this act, and shall
be entitled to the benefits thereof.
Sec. 2. The governor shall appoint a State supervisor, quali- state supervi
sed by training and experience, who shall be a woman. T h esor*
State supervisor shall receive an annual salary of two thousand
four hundred dollars, and necessary traveling and office expenses.
The State supervisor shall, with the approval of the governor,
appoint an assistant State supervisor, at a salary of one thousand
278
Beneficiaries.
Residence.
Conditions.
Amounts.
Terra.
L A B O R
L E G IS L A T IO N
O F
1919.
six hundred dollars per annum, and a clerk, at a salary of one
thousand two hundred dollars per annum. In addition to their
salaries, the assistant State supervisor and the clerk shall receive
their necessary and actual expenses.
Sec. 6. It shall be the duty of the board of trustees to provide,
from the funds made available under the provisions of this act,
as aid in supporting their children in their own homes, assistance
to poor and dependent mothers of proved character and ability,
who have children under the age of sixteen years, and whoso
husbands are dead, 01* permanently confined in institutions for
the insane.
S e c . 7. I11 order to prevent the alienation of the citizenship
of those who may receive the benefits of this act, no family shall
be a beneficiary thereunder unless the mother has been a resi
dent, continuously, of the State for a period of two years, and
of the county in which she applies for assistance for a period
of one year. No family entitled to receive the benefits of this
act in any county shall be deemed to have lost its residence in
such county within one year after removal therefrom, bvft any
such family shall, if it returns to the county in which it w a s
entitled to receive assistance within said year, be immediately
entitled to assistance in such county.
Sec. 8. The trustees of the various counties shall in no cast*
recommend payment to any mother until they are satisfied
that she is of proper character and ability, and that for the
proper maintenance of her children in her own home monthly
payments are necessary. For such purpose the board of trustees
shall cause to be made proper investigations. No payment shall
be made on account of any child of proper age and physical
ability unless satisfactory report has been made by the teacher
of the school in which such pupil is enrolled, stating that such
child is attending school.
Sec. 9. The combined maximum payment allowed by any board
of trustees shall in no case exceed twenty dollars per month for
the first chil-d, and ten dollars per month for each additional
child. A mother shall be entitled to assistance under this act
for an unborn child, in like manner as for other children, if
she has one or more children living which entitle her to the
benefits of this act.
Sec. 11. All payments made under the provisions of this act
shall continue at the will of the trustees, but not beyond the
time when any child under the provisions of the law may secure
employment, excepting where the child is physically unable to
earn wages, or is at school with a satisfactory record of at
tendance and scholarship, in which case such payment shall
continue until such child has reached the age of sixteen years.
Approved the 10th day of July, 1919.
A
ct
N o.
366.— Inspection of boilers.
[This act amends section 19 of Act No. 226, Acts of 1905, by
adding thereto the following proviso:1
Provided further , That no boiler used exclusively in connection
witli tlie operation of an oil well shall be taken, deemed, or
construed as an establishment.
Approved the 12th day of July, A. D. 1919.
A
Definitions.
ct
No. 418.— Vocational rehabilitation of injured workmen.
S e c t io n 1. (a) The term “bureau” as used in this act, shall
mean bureau of rehabilitation.
(b) The term “ commissioner” shall mean the commissioner of
labor and industry.
(c) The term “ physically handicapped person” or wpersons,”
wherever used in this act, shall mean any resident or residents
of the Commonwealth of Pennsylvania whose capacity to earn a
living is in any way destroyed or impaired through industrial acci
dent gcewrring in the Commonwealth.
TEXT OF LAWS— PENNSYLVANIA.
279
(d)
“ Rehabilitation ” shall mean the rendering of a physically
handicapped person fit to engage in a remunerative occupation.
S ec . 2. A bureau of rehabilitation is hereby established in the Bureau of re
department of labor and industry. The central office of the bureau habilitationshall be located in the city of Harrisburg.
S ec . 3. The commissioner, with the approval of the governor, Chief,
shall appoint a chief of the bureau of rehabilitation, who shall
be subject to the direction and supervision of the commissioner,
and shall fix his salary, which, when so fixed, shall be paid out of
the sums hereinafter appropriated.
S ec . 4. It shall be the duty of the chief of the bureau of rehabili- Duties,
tation to direct, as hereinafter provided, the rehabilitation of any
physically handicapped person: Provided, That said duty of the
chief of the bureau shall not be construed to appl^y to aged or help
less persons requiring permanent custodial care, or to blind or
deaf persons under the care of any State or semi-State institution,
or to any epileptic or feeble-minded person, or to any person who
may not be susceptible to such rehabilitation.
Sec. o . The chief of the bureau of rehabilitation shall have Powers,
power with the approval of commissioner:
(a) To establish relations with all public and private hospitals H ospital r e to require prompt and complete reports of any physically handi-po
capped persons under treatment in such hospitals. The persons
thus reported may be promptly visited by representatives of the
bureau of rehabilitation, who shall make record of their condi
tion, and report to the chief of the bureau, who shall then deter
mine whether the person is susceptible to rehabilitation. Sucli
persons as may be found susceptible shall be acquainted by the
chief of the bureau with the rehabilitation facilities offered by the
State and the benefits of entering upon remunerative work at an
early date. Any physically handicapped person who chooses to
take advantage of these rehabilitation facilities shall be registered
with the chief of the bureau, and a record kept of every such per
son, and the measures taken for his or her rehabilitation. The
chief of the bureau shall proffer to any such person counsel re
garding the selection of a suitable occupation and of an appro
priate course of training, and shall initiate definite plans for be
ginning rehabilitation as soon as the physical condition of the
person permits.
(b) To receive applications of any physically handicapped Applications,
persons for advice and assistance regarding their rehabilitation.
The persons thus known to be physically handicapped may be
visited, examined, and advised in the same manner and for the
same purposes as specified in clause (a) of this section.
(c) To make a survey to ascertain the number and condition Survey,
of physically handicapped persons within the Commonwealth.
The persons thus known to be physically handicapped may be
visited, examined, registered, and advised in the same manner
and for the same purpose as specified in clause (a) of this
section.
(d) To arrange for such therapeutic treatment as may be Treatment,
necessary for the rehabilitation of any physically handicapped
persons who have registered with the chief of the bureau.
(e) To procure and furnish at cost to physically handicapped Appliances,
persons who have registered with the chief of the bureau limbs
and other orthopedic and prosthetic appliances, to be paid for
in easy installments, when such appliances can not be otherwise
provided: Provided, however, That if it be shown that any
physically handicapped person is unable to pay for such artificial
limbs or other appliances, the chief of the bureau may direct,
with the approval of the commissioner, that such limbs or ap
pliances shall be supplied to such physically handicapped person
and the cost thereof paid out of the funds appropriated for the
rehabilitation activities of the bureau; such payments to be made
by the State treasurer on the warrant of the auditor general or
requisition of the commission of labor and industry,
280
Training.
Maintenance.
Social service.
P lacem ent.
Reports.
Cooperation.
Employees.
Appropriation.
R epoits.
Provisions sev
erable.
L A B O R
L E G IS L A T IO N
O F
1»10.
(f) To arrange with the superintendent of public instruction
for training courses in the public schools in the Commonwealth
in selected occupations for physically handicapped persons regis
tered with the chief of the bureau.
(g) To arrange with any educational institution for train
ing courses in selected occupations for physically handicapped
persons registered with the chief of the bureau.
(h) To arrange with any public or private organization 01* com
mercial, industrial, or agricultural establishment for training
couses in selected occupations for physically handicapped persons
registered with the chief of the bureau.
(i) To provide maintenance costs during the prescribed period
of training for physically handicapped persons registered with the
chief of the bureau: Providing , That when the payment of main
tenance costs is authorized by the chief of the bureau, with the ap
proval of the governor, it shall not exceed fifteen dollars ($15) per
W'e'ek, and the period during which it is paid shall not exceed
twenty weeks, unless an extension of time is granted by the com
missioner ; said payments to be made by the State treasurer on the
warrant of the auditor general on requisition of the commissioner
of labor and industry.
(j) To arrange for social service, for the visiting of physically
handicapped persons registered with the chief of the bureau and
of their families in their homes, during the period of treatment
and training and after its completion, to give advice regarding any
matter that may affect rehabilitation.
(k) To conduct investigations and surveys of the several indus
tries located in the Commonwealth to ascertain the occupations
within each industry in which physically handicapped persons can
enter upon remunerative employment under favorable conditions,
and work with normal effectiveness, and to determine what prac
ticable changes and adjustments in industrial operations and prac
tices may facilitate such employment.
(1)
To make such studies and reports as may be helpful for
the operation of this act.
(m) To cooperate with any department of the Federal Govern
ment or of the government of this Commonwealth or with any
private agency in the operation of this act.
Sec. 6. The commissioner, with the approval of the governor,
shall appoint such officers, physicians, clerks, stenographers, and
other employes, as shall be necessary to carry out the purposes
of this act. He shall determine their duties, and shall fix their
salaries, which when so fixed shall be paid out of the sums here
inafter appropriated. The board of public grounds and build
ings shall furnish suitable accommodations for the use of the
bureau.
Sec. 7. The sum of one hundred thousand dollars ($100,000),
01* so much thereof as may be necessary, is hereby appropriated
to carry out the purposes of this act.
Sec. 8. A report on the activities of the bureau of rehabilitation
authorized by this act shall be submitted biennially to the gov
ernor, together with a statement of the sum necessary to conduct
said activities during the ensuing two years.
Sec. 10. If any section or provision of this act be decided by the
courts to be unconstitutional or invalid, the same shall not
effect the validity of this act as a whole 01* any part thereof otI ?r
than the part so decided to be unconstitutional or invalid.
Approved the 18th day of July, 1919.
A ct No. 430.— Com m issioner o f labor and industry — Salary.
Am ount.
Section 1. The salary of the commissioner of labor and industry
is hereby fixed at ten thousand dollars ($10,000) per aninjn^,
payable semimonthly by warrant of the auditor general 011 the
State treasurer in the usual manner.
Approved the 21st day of July, 1919.
PORTO RICO.
ACTS OF 1919.
A ct No. 19.— Emigration
of laborers.
S ection 1. The commissioner of agriculture and labor is hereby Intervention auauthorized to intervene, either in person or through his agents,thorized’
in all matters concerning emigration of laborers from Porto Rico.
S ec . 2. It shall be the duty of said commissioner, upon informa- Measures to be
tion that an emigration of laborers from Porto Rico is about to laken*
take place, to inquire into, inspect, intervene in, and regulate such
propositions, promises, conditions, or offers made to native laborers
in cases of emigration; to procure, subscribe, and enforce such
contracts as may be entered into by natural or artificial persons
residing within or without Porto Rico, whether in any State of
the American Union or in foreign countries, and to see that the
stability or repatriation of such laborers as may be out of Porto
Rico, shall be secured.
Sec. 3. The Government of Porto Rico shall have no obligation
Obligation of
in any emigration to protect or enforce the rights of such p e r s o n s s°veEnment.
as shall leave this country, unless the contracts entered into and
between emigrants and the State contracting them shall have
been approved by the commissioner of agriculture and labor: Proritled, In case of emigration from this island, when such contracts
are made by natural or artificial persons of foreign countries,
whether or not residents of Porto Rico, compliance therewith
shall be guaranteed by the government of such State, unless the
contracting party furnishes sufficient guaranty to secure the rights
of the emigrants.
S ec . 4. It shall be the duty of any natural or artificial person Reports,
in charge of contracting for emigration of laborers from Porto
Rico, whether as principal or agent, to report -to the commis
sioner of agriculture and labor all matters relative to such emi
gration, and to furnish him with all the data in his possession
which may be necessary for the purpose of complying with the
provisions of this act.
Sec. 5. The emigration of native laborers under sixteen years
What emigraof age or over seventy is hereby absolutely prohibited, unless
prohibited,
accompanied by their parents or legal guardians, or by their
children or members of their families.
S ec. 6 . A ny natural or artificial person who without authority Violations,
shall contract or induce another to contract, in person or through
agents or representatives, for emigration from Porto Rico, or
shall violate the provisions of this act, shall be deemed guilty
of misdemeanor, and upon conviction shall be punished by a
fine not exceeding five hundred (500) dollars or by confinement
in jail for a term not to exceed six months, or by both penalties
in the discretion of the court.
Approved May 29, 1919.
A ct
No. 36.—'Mediation and conciliation— Insular commission.
S ection 1. A mediation and conciliation commission is hereby
Commission
created which shall have exclusive authority to intervene, under created,
the conditions hereinafter established, in all industrial and agri
cultural controversies between laborers and employers.
S ec . 2. The mediation and conciliation commission shall consist Members,
of five members who shall be citizens of the United States and
281
282
LABOR LEGISLATION OF 19m
bona fide residents of Porto Rico and sliall be appointed by tlie
governor, for a term of four years, in tlie manner following:
Upon the taking effect of this act, the governor shall request
from bona fide labor organizations who shall have regularly and
continuously sustained their social activities in Porto Rico, for
the two years immediately preceding and from employers estab
lished in the island or from associations of employers a list of
the names of persons qualified to constitute the said commis
sion. From the persons so proposed he shall designate two from
among such as are proposed by the labor organizations and two
from among those proposed by the employers or associations of
employers, which said persons shall be appointed 011 behalf of
the interest of laborers and employers, respectively; and as to
the fifth member, who shall be president of the commission, the
governor shall appoint him freely, on behalf of the people in
general. Vacancies occurring in the said commission shall be
filled in the same manner as herein provided for the appointment
of the members thereof.
Duties'
S ec. 3. Said mediation and conciliation commission shall con
sult the governor as to the best manner of discharging their duties
ris mediators and conciliators, and shall have power to recommend
legislation. It shall also prepare a list of persons who may be
called upon to serve as arbitrators and mediators. It shall be
called together by the chairman every time that a dispute 01* con
troversy between laborers and employers occurs or may occur. It
shall be organized and shall have such adequate regulations as the
commission may adopt and shall elect its own secretary. The
members of the mediation and conciliation commission shall receive
a per diem of five (5) dollars for each meeting which they attend,
and shall receive their traveling and other expenses necessary bet
ter to discharge their duties. A majority of members of the medi
ation and conciliation commission shall constitute a quorum for
the transaction of business and their resolutions shall be valid and
lawful.
Secretary.
g EC> ^
mediation and conciliation commission shall h a v e
power to appoint, remove, and fix the compensation of the secre
tary, which shall never exceed fifteen hundred <1,500) dollars a
year. It shall likewise have power to appoint other temporary
officers, such as examiners, investigators, assessors, technical
Employees.
personnel, experts, paymaster, clerks, and such other employees as
it may need temporarily; such employees to be designated from
among competent persons in accordance with the requirements of
the civil service ; and should there be no such persons meeting these
conditions, the commission shall prepare and hold special exam
inations, for which it shall make announcements in due time, 011
such subjects as may be deemed necessary to ascertain the capacity
of the candidates, and shall fill these positions with persons who
satisfactorily pass such examinations.
uest. n °n re* Sec. 5. When a controversy occurs or threatens to occur between
laborers and employers relative to the conditions of labor, the
mediation and conciliation commission may intervene only when
required to do so by the governor, a mayor, or a municipal coun
cil, or when any of the parties interested in the controversy shall
appeal to the chairman of the mediation and conciliation commis
sion requesting their services in reaching an amicable settlement
of such controversy. But the chairman of the commission shall
have power to offer the services of the mediation and conciliation
commission to the interested parties: Provided, That in cases
On own m otion. 0£ industries affecting the public service, such as railroads, street
railways, steamship lines, docks, and bakeries, it shall be the duty
of the mediation and conciliation commission, as soon as it learns
of the intention of the employers to declare a lockout, or of the
laborers to go on strike, to intervene and do everything within
their power to prevent by its good offices the carrying out of such
purpose. In any case where the efforts of the commission to reach
an amicable settlement are unfruitful, the commission shall im-
TEXT OF LAWS---- PORTO RICO.
283
mediately, if possible, endeavor to induce the parties to submit
their differences to arbitration.
S e c . 6. If the parties to the controversy are unwilling to subA rbitration,
mit their differences to arbitration, and should such controversy
threaten an interruption of the business of the employers and la
borers with detriment to the public interests, the commission shall
have authority to require both parties to consent to the creation
of an arbitration board. Should the consent of both parties be
secured, then the mediation and conciliation commission, from a
list requested and prepared for the purpose, in accordance with
the parties to the controversy, shall appoint a board of three mem
bers. Of the three members of the special arbitration board, one
shall be chosen by the employers, another by the employees, and
the third on recommendation of the two so chosen. If because of
any circumstance the parties should fail to recommend the third
member, or should fail to reach an agreement, the commission, upon
the expiration of a determined period which it shall fix, shall ap
point such third member. The aforesaid appointments shall be
made by the mediation and conciliation commission in accordance
with the list prepared for the purpose by the employers and la
borers interested in the controversy whose settlement is sought.
S e c . 7. When the board of arbitration shall have been so apPow er,
pointed and constituted, it shall do everything in its power to
reach a settlement of the controversy. But should the interven
tion be without effect, and should any of the parties refuse to
accept the conclusions of the board, then the mediation and con
ciliation commission shall have power to make an investigation investigation,
of the controversy, and shall require the special arbitration board
to submit a full report of the controversy to the commission in
cluding such recommendations as said board may deem advisable
for the solution of such controversy. * The commission shall have
power to give adequate publicity to the report and to the recom
mendations submitted.
S e c . 8. The mediation and conciliation commission shall have
as to
power, in case of the need of an investigation, to administer oaths, oatlls>etc*
to issue summons, and to compel the appearance of witnesses and
oblige them to testify, and to compel the production of hooks,
papers, documents, etc., and to canduct the investigation and hear
ings and to exercise such other similar powers as may be neces
s a r y , but in no case shall it impose penalties for strikes, stoppage
of work, or lockouts: Provided, That the proper district court
shall have power to punish any disobedience of any lawful order
of the commission as contempt of court.
S e c . 9. The commissioner of agriculture and labor shall have
C o m m is s io n e r
power to bring to the attention of the mediation and conciliation of agriculture and
commission any industrial dispute in which the intervention of the a or*
commission may be desirable. The commissioner of agriculture
and labor, or any officer whom he may designate, shall be also
authorized to appear before the mediation and conciliation com
mission, and before the special arbitration boards, at their request,
as amicus curie, to establish facts in connection with labor con
ditions.
S e c . 10 . If after such efforts the intervention of the mediation
of in*
and conciliation commission should be useless, after informing
L
the public in detail of the efforts made, so that public opinion
may judge the party on whom responsibility for the industrial
disturbance rests, the commission shall recommend and enforce
strict compliance with such laws as guarantee the rights of
citizens, and which may be applicable to these cases, and shall
endeavor to prevent any act of partiality or extralimitation of
the public authorities, so that the controversy may be ended by
the proper and guaranteed effort of the parties involved therein.
S e c . 11. The term “ controversy/’ as used in this act, shall be
Definitions,
understood to mean any dispute between employers and laborers
over differences in wages, hours of labor, or their special condi
tions as to rights, duties, and privileges of employers and laborers,
284
LABOR LEGISLATION OF 1919.
when, by reason of such disputes, interruption or threatened
interruption occurs in the labors in which they are engaged.
The term “ lockout,” as used in this act, shall be understood
to mean the act of closing any place where laborers are em
ployed, or the suspension of the work of any or all their laborers
as a result of a controversy as above defined, or discrimination
against any laborer in giving work for reasons other than personal
ability or capacity, with the object of forcing their laborers or
those of other employers to accept such labor conditions as it
may be desired to impose upon them.
The term “ strike,” as used in this act, shall be understood
to mean the stopping of work by a number of laborers com
bined, due to any controversy as above defined, when said strike
is carried on as a means of forcing the employer to accept the
labor conditions demanded of him.
Appropriations.
Sec. 12. To carry out the provisions of this act, the sum of
fifteen thousand (15,000) dollars is hereby appropriated from any
funds in the treasury not otherwise appropriated.
Approved June 3, 1919.
A ct No. 45.— Minimum
W ages
paid.
to b
Amounts.
Violations.
Enforcem ent.
wages for females.
S ection 1. It shall be unlawful for any employer of women,
girls inclusive, in industrial occupations, or commercial or publicservice undertakings in Porto Rico, to pay them wages lower
than those specified in this section, to wit:
Women under 18 years of age at the rate of four (4) dollars
a week, and over said age at the rate of six (6 ) dollars a week.
The first three weeks of apprenticeship shall be exempt from
the provisions of this section. The provisions of this act shall
not be applicable to agriculture and agricultural industries.
Sec. 2. Any employer paying any woman, girls included, wages
lower than those specified in section 1 shall be guilty of mis
demeanor, and upon conviction shall be punished by fine not to
exceed fifty (50) dollars nor less than five (5) dollars.
S ec . 3. The bureau of labor shall be intrusted with the enforce
ment of this act.
Approved June 9, 1919.
A
ct
No. 73.— Employment of women and children — General pro
visions.
N igh t work.
S ection 1. No woman shall be employed or allowed to work at
any lucrative occupation during the hours between ten o’clock at
Hours of labor.
and six o’clock in the morning, nor more than eight hours
during any natural day, nor more than forty-eight hours during
any week: Provided, however, That the limitation of eight hours
may be extended not to exceed nine hours during any natural d a y:
Provided, That any woman so employed for wages during more
than eight hours in any natural day shall be paid for work done
during such extra time at a rate double the rate paid her for the
preceding eight working hours; but in no case shall a woman be
employed or allowed to work over forty-eight hours during any
week.
E xem ptions.
section shall not be applicable to women over sixteen years
of age employed as telephone operators, telegraphers, artists,
nurses, or domestics.
Schedules to be
S ec . 2. Every employer shall post in a conspicuous place in evpo&ted.
ery department where women are employed, or in the office of the
farm or rural property where they work, a printed announcement
stating the number of hours of labor required of women on each
day of the week, the hours of commencing and quitting work, and
the hours at which periods for meals commence and end: Pro
vided, That no woman shall work in each period for more than
four hours, and the time allowed for meals shall not be less than
one hour.
285
TEXT OF LAWS— PORTO RICO.
An announcement equal to that hereinbefore described, stating
the daily hours of labor required of children, shall be posted in a
conspicuous place: Provided, That no child shall work more than
tliree and one-half hours during each period of labor.
In industrial establishments, farms, or rural properties where
women and children are employed during alternate hours each day
of the week a special announcement shall be posted, showing the
name of each woman and child, and the hours they work during
each day of the week.
The hours stated in the announcement posted for women and
children shall be prima facie evidence that such hours of labor in
each industrial establishment, farm, or property shall constitute
the allotment of the legal working day.
It shall be the duty of all employers of women and children to
apply for printed forms for said announcements, which shall be
furnished free of cost by the bureau of labor.
S ec. 3. Any employer employing or permitting women, or children under sixteen years of age, to work, shall notify the bureau
of labor of the fact, stating the number of women and children em
ployed. their occupation, and the regular hours of work during
which they are employed.
Report,
S e c . 4 . Any employer employing women in any establishment
Scats,
shall direct the placing of appropriate chairs convenient to the
place where such employees ordinarily work, or near such place.
Said chairs, which shall be comfortable, shall be for the use of fe
male employees, who shall have free access to the same at all
times save when occupied in duties which they can not discharge
while seated.
No woman under sixteen years of age shall be employed in any
establishment where she must stand constantly.
S ec . 5. The employment of children under fourteen years of children under
age in any occupation injurious to the health or morals, or en-14*
dangering their lives or limbs, is hereby prohibited.
S e c . 0. No child under fourteen years of age, who has not re- E m p l o y m e n t
ceived from the department of education a certificate showing that }](^rg#ng SC
he has done the work necessary for admission to the fourth grade
of the public rural schools of the island, or that he has passed
the sixth grade of the public graded schools of Porto Rico, accord
ing to whether the child resides in the country or in town, or that
he has finished studies equivalent to said grades of the school
course, shall be employed in any lucrative occupation during the
hours that such schools are open: Provided , That this section Exceptions,
shall not comprise any child residing in a locality where there is
no school that could admit him within a distance of two kilo
meters, nor any orphan child, or child who, for any other reason,
depends on his own labor for support, nor any child whose parents
are invalids, and depend solely on the child's labor for support.
But in such case a certificate shall be obtained from the mayor
of the municipality where said child resides, stating the fact
that such state of things or such necessity exists, and authorizing
the employment of the child. Copy of such permit shall be for
warded to the bureau of labor within the ten days following the
issue thereof: Provided further , That if said child resides at a
distance of two kilometers from a night school under the direc
tion of the department of education of Porto Rico, said certificate
shall be in effect only during such time as attendance by said
child at said night school shall be certified monthly by the teacher
of the school unless just cause prevents the child from attending
said school.
Every employer employing children of whom certificates are
required pursuant to the provisions of this act shall file such cer
tificates subject to inspection by the officers of the department of
education and the inspectors of the bureau of labor. At the end
of such employment the certificate shall be returned to the child
in whose name-they shall have been issued.
Sec. 7. No child nnder the-age of sixteen years shall be employed
or permitted to work in any establishment for more than seven
Hours of work,
LABOR LEGISLATION OF 191®.
hours a day or more tlian forty-two hours a week, nor on any farm
for more than eight hours a clay or more than forty-eight hours
a week, nor in any lucrative occupation during the period com
prised between six o’clock in the evening and eight o’clock in the
morning.
Children under
No child under twelve years of age shall be employed or per
12.
mitted to work in any lucrative occupation.
Certificates.
S e c . 8. No child under sixteen years of age shall be employe:!
unless his employer obtains and keeps, subject to the inspection
of the officers of the department of education and of the agent.*of the bureau of labor, a certificate of his age issued by the
municipal secretary of the town where such child was born or
resides. Should there be no record of the birth of said child
in the civil register of the town where the child was born or
resides, the municipal secretary shall issue a certificate showing
the child’s age, based on an affidavit of one of the parents of
the child, or of his legal representative or nearest relative, or
in default thereof, on the affidavit of two persons of good repute
having knowledge of the fact and who can testify as to the child’s
age. No fee whatever shall be charged for issuing such cer
tificates.
Street trades.
Sec. 9. No boy under twelve nor girl under sixteen years of
age shall sell newspapers, candies, or other merchandise on any
street or public plaza, nor work as a bootblack in such places
during school hours of the public schools of Porto Rico.
Km plov m c u t 3
S e c . 10. No parent, employer, or other person having under his
forbidden.
care a child under fourteen years of age shall under any circum
stances permit or allow said child to engage in—
1. Asking or receiving alms or other form of mendicity.
2. Any heavy work or dangerous exhibition, or exhibition in
jurious to health or morals.
3. Manufacturing, utilizing, or selling malt or alcoholic liquors.
A ir space.
Sec. 11. No room or department where women or children
under eighteen years of age work, shall be of such capacity that
the space corresponding to each employee sliall be less than four
hundred cubic fe e t; and except in cases where a written permit
is obtained from the chief of the bureau of labor, the amount of
air corresponding to each employee shall not be less than two
hundred and fifty cubic feet.
Sanitation.
Sec . 12. Every employer or head of an establishment where
women or children under eighteen years of age work, shall direct
and see that there sliall be in each working department of said
establishment appropriate and sufficient means of ventilation,
potable water, and sanitary cups. If, during the course of the
day’s work, excessive heat, vapor, gases, dust, or other impuri
ties obnoxious to health are produced, the department shall be ven
tilated in such manner as to put in good condition in accordance
with the health laws.
W alls.
S e c . 13. Every establishment where women or children under
eighteen years of -age work in dust-producing occupations, sliall b?*
whitewashed and painted at least once every twelve months, of
which the bureau of labor sliall be notified.
The floors of the rooms of such establishments shall be perfectly
washed with soap and water at least once a month, and all dress
ing and toilet rooms of said establishments shall be properly
washed every day.
Violations.
S e c . 14. Any employer violating this act or any of its provisions,
shall be guilty of a misdemeanor and punished by a fine of not
less than twenty-five (25) dollars nor more than one hundred (10*M
dollars. For any violations of this act or any of the sections or
provisions thereof subsequent to the commission of the first viola
tion, tlie employer shall be guilty of a misdemeanor and punished
by ii fine of not less than one hundred ( 100 ) dollars, nor more than
(1,000) dollars: Provided , That no complaint for a violation of this
act shall be dismissed on the plea of multiplicity of offenses nor
because of defect of form: Provided, The offense or offenses com
plained of are comprised within the provisions of this act.
TEXT OF LAWS----PORTO RICO.
S e c . 15. In this act, unless otherwise deduced from the text, the
following definitions of words and phrases herein used shall be
accepted.
“ Employer ” includes all natural or artificial persons, and the
manager, superintendent, foreman, overseer, or representative of
said natural or artificial persons.
“ Lucrative occupation ” includes all works or all work in fac
tories, mills, centrales , machine shops*, or establishment:;, or places
of any kind where a factory or mechanical enterprise exists; and
in storehouses* stores, establishments, or places of any kind where
mercantile transactions are carried on; and on farms, plantations,
rural properties, or places of any kind where agricultural, horticul
tural, 01* pasturing pursuits are followed; and in all mining and
fishing undertakings.
Establishment ” includes every building, factory, shop, store,
or place of like nature where any lucrative occupation is en
gaged in.
“ Plantation" includes every hacienda, rural estate, or other
parcel of land where any lucrative occupation is engaged in.
S e c . 16. The bureau of labor is hereby authorized to carry out
the provisions of this act, to prosecute violations of the same, to
summon witnesses, to take oaths and testimony, to compel the pro
duction of books, documents, and any other evidence, and to visit
and examine through his chief or his assistants, the building of
any establishment or property referred to herein.
Approved June 21, 1919,
287
D efinitions.
E nforcem ent.
RHODE ISLAN D.
ACTS OF 1019.
C hapter
1737.— Vocational rehabilitation •of injured workmen.
Section 1. The commissioner of public schools, with the approval Sc°Pe of actof the State board of education, upon application may appoint
any crippled, disabled, or injured person, being a resident of this
State, crippled, disabled, or injured in any Rhode Island manu
facturing establishment, or in the pursuit of any other occupation
iii this State, who shall appear to said commissioner to be a fit
subject for such rehabilitation and education, as a State bene
ficiary at any suitable institution or school now established, or
lhat hereafter may be established, either within or without the
State, for such period as he may determine, but not to exceed the
limit of one year: Provided , That he may upon especial recom
mendation of the management of the institution at which a bene
ficiary has been appointed, and with the approval of the State
board of education and the governor, extend that period, and that
he shall have the power to revoke any appointment at any time
for cause.
Sec. 2. The board of education are hereby clothed with the Board of educaduty and responsibility of supervising the rehabilitation and edu-tlon*
cation of all such beneficiaries, and no beneficiary appointed under
the provisions of this act shall be withdrawn from any institution
or school except with their consent or the consent of the governor;
and said board shall annually report to the general assembly their
doings under the provisions of this act, with such recommenda
tions and further information in relation to the several institu
tions at which these beneficiaries have been placed as may be
deemed desirable.
Sec. 3. The general assembly shall annually appropriate such Funds.
sum as it may deem sufficient and advisable for the purpose of
carrying out the provisions of this a c t; and the State auditor is
hereby directed to draw his orders upon the general treasurer
for the payment of any sum appropriated for the puposes of this
act, or so much thereof as may from time to time be required, upon
receipt by him of proper vouchers signed by the commissioner of
public schools and approved by the governor.
Sec. 4. The commissioner of public schools may, in his dis Artificial limbs.
cretion, also, out of the appropriations made under the provisions
of this act, provide to beneficiaries under the provisions of this
act, artificial limbs, wholly or partially free of charge, or at cost,
to be repaid by said beneficiaries in installments to be fixed by
'said commissioner, and all moneys collected from such installment
repayments shall be turned into the State treasury, and such
money is hereby reappropriated for the purposes of this act.
Sec. 5. For the purpose of carrying out the provisions of this act Appropriation.
during the fiscal year ending December 31. 1919, the sum of five
thousand dolllars is hereby appropriated out of any money in the
treasury not otherwise appropriated; and the State auditor is
hereby directed to draw his orders upon the general treasurer for
the payment of said sum, or so much thereof as may from time to
time be required, upon receipt by him of proper vouchers signed
by the commissioner of public schools and approved by the board
of education and by the governor.
Approved April 19, 1919.
Chapter 1741.— State board of labor— Commissioner.
S e c t io n 1. The office created and established under the pro
visions of section 1 of chapter 80 of the General Laws, entitled
“ Of the Commissioner of Industrial Statistics,” under the name
1757°— 21----- 19
Title ch&ngcd.
289
290
L A B O R
L E G IS L A T IO N
O F
1919.
and title of commissioner of industrial statistics, shall from and
after the passage of this act be known and described under the
name and title of commissioner of labor and the person holding
said office of commissioner of industrial statistics at the time
of the passage of this act shall thereafter be known and de
scribed as the commissioner of labor and shall be vested with
all the power and authority and subject to all the duties and
liabilities now vested in and imposed upon the commissioner of
industrial statistics. In any general, law, public law or resolu
tion of the general assembly, and in any document, record,
instrument or proceeding authorized by any such law or resolu
tion,. unless the context or subject matter otherwise require, the
words “ commissioner of industrial statistics *’ shall be con
strued to mean the commissioner of labor.
Deputy c o m
Sec. 2. There shall be a deputy commissioner of labor, who shall
missioner.
receive an annual salary of eighteen hundred dollars, and the
sum of eighteen hundred dollars is hereby annually appropriated
for the purpose of paying such salary/ Upon the pas-sage ol
this act the governor by and with the advice and consent of
the senate shall appoint a deputy commissioner of labor who shall
be a representative of labor, and the deputy commissioner so
appointed shall hold office until the first day of February, A. D.
1922, and in the month of January, A. D. 1922, and in the month
of January of every third year thereafter, the governor by and
with the advice ami consent of the senate shall appoint a
deputy commissioner to succeed the deputy commissioner whose
term expires. Any vacancy which may occur in said office ol
deputy commissioner shall be filled by the governor by and with
the advice and consent of the senate, if the senate be in session,
and if the senate should not then be in session shall be filled by
the governor until the next session of the general assembly,
when with the advice and consent of the senate he shall appoint
a proper person to fill such vacancy. Said deputy commissioner
shall act as agent to the labor commissioner in the conduct of
investigations of labor conditions, ordered by the labor com
missioner and shall perform such other duties as said labor
commissioner may direct. He shall act as secretary to the State
board of labor as provided in the following section. He shall,
under the direction of the said State board of labor, aid and
assist any board of mediation and conciliation appointed by
said State board of labor under the provisions of section 4 of
this act.
Board; erf labor.
Sec* 3. There shall be a State board of labor consisting of the
labor commissioner, who shall be chairman of the board, and four
other members, two of whom shall be representatives of employers
of labor in the State ami two of whom shall be representatives of
labor in the State,, to be appointed as hereinafter provided. Upon
the passage of this act the governor, by and with the advice and
consent of the senate, shall appoint as members of said board two
citizens of the State to halt! office until the first day of February,
A. D. 1922,. and two to hold office until the first day of February,
A. D. 1925, and in the month of January, A. D. 1922, and in the
month of January in every third year thereafter the governor,
by and with the advice and consent of the senate, shall so appoint
two members of said board to succeed the members whose term
will next expire, and the persons so appointed shall hold office
until the first day of February in the sixth year after their
appointment. Any vacancy which may occur in said board when
the senate is not in session shall be filled by appointment by the
governor until the next session thereofr when the governor, by
and with the advice and consent of the senate, shall appoint some
citizen to fill such vacancy for tlie unexpired term. The board
shall meet at least once a month and at such other times as the
commissioner of labor may direct.
Monthly confer
Sec. 4. The commissioner of labor shall report to the board
ences.
of labour at each of its monthly meetings such matters relating, to
the interests of labor as may have come to his attention in the
T E X T
O F
L A W S ---- R H O D E
discharge of the duties of his office, and it shall be the duty of
the board to advise and confer with the commissioner in relation
to the administration of the laws of the State relating to labor.
The board shall report to the general assembly at its January
session and present in such report any recommendations it may
deem advisable in regard to the administration of such laws, and
suggest any changes or amendments to such laws as it may deem
desirable. It shall be the duty of the board to do all in its power
to promote the voluntary mediation and conciliation of contro
versies and disputes between employers and employees, and to
avoid resort to strikes, lockouts, boycotts, blacklists, discrimina
tions, and legal proceedings in or arising out of such controversies
and disputes and matters of employment. In pursuance of this
duty, said board may, whenever it deems advisable, but subject
to the approval of the governor, appoint a board of mediation
and conciliation for the consideration and settlement of such con
troversies and disputes. The said board shall prescribe rules
of procedure for such mediation and conciliation, and the said
mediation and conciliation boards shall have the power to conduct
investigations, to hold hearings, and to summon witnesses.
Sec. 5. For the purpose of carrying this act into effect during
the fiscal year ending December 31, 1919, the sum of $1,800 or
s'o much thereof as may be necessary, be and the same hereby is
appropriated out of any money in the treasury not otherwise ap
propriated ; and the State auditor is. hereby directed to draw lii»
orders upon the general treasurer for the payment of such sums
as may be from time to time required upon receipt by him of
proper vouchers.
Approved April 23,1919.
C h a p t e r 1770.— Inspection
291
IS L A N D .
Annual reports
Labor disputes.
Appropriation.
of steam boilers.
S e c t io n 1. In this act, unless the context otherwise requires:
“ Inspector ” means the inspector of boilers appointed under
the provisions of this act;
“ Deputy ” means any deputy inspector of boilers appointed
under the provisions of this act;
“ Boiler ” means any boiler, fuel economizer or pressure vessel
used for generating or storing steam or hot water for purposes
of power or heating;
“ Owner ” means any person owning, operating or in charge
or control of any boiler as herein defined;
“ Safety device” means any valve, plug or appurtenance at
tached to an$? boiler for the purpose of diminishing the danger
of accident;
“ Code of rules ” means the standard code of rules formulated
and adopted by the inspector of boilers under the provisions
of this act.
Sec. 2. Within thirty days after the passage of this act, and
in the month of January in every sixth year thereafter,, the
governor shall, with the advice and consent of the senate, appoint
some suitable person to be inspector of steam boilers for the
State of Rhode Island. No person; shall be eligible to such ap
pointment who shall not have had at least ten years’ actual ex
perience in the manufacture or operation of steam engines,
steam boilers, or steam machinery. The inspector shall hold his
office until the first day of February in the sixth year after his
appointment and thereafter until his successor shall be appointed
and qualified. The governor shall, in his discretion, with the
advice and consent of the senate, appoint one deputy inspector
of boilers, who shall hold office during the pleasure of the gov
ernor, and shall perform such duties and make such inspection
as shall be assigned by the inspector., AH fees received by said
inspector and deputy shall be paid over by them monthly to- the
general treasurer. The inspector shall have an office in the
State house^ and the State house commission is hereby directed
to provide a suitable room for such purpose. The governor may,
upon written complaint ami after hearing, remove any inspector
Definitions.
Inspector.
Deputy.
292
LABOR LEGISLATION OF 1919.
01* deputy for cause found by him to be sufficient. Any vacancy
which may occur, either through removal 01* otherwise, shall
be tilled by the governor, with the advice and consent of the
senate, for the remainder of the term; and any vacancy which
mayr occur, either through removal or otherwise, when the senate
is not in session, shall be filled by the governor until the next
regular session thereof, when he shall, with the advice and
consent of the senate, appoint some person to fill such vacancy
for the remainder of the term.
Duties.
s EC> 3. The inspector or a deputy shall inspect all boilers with
in this State except such as are exempted as hereinafter set forth.
Dn^nUa inspec* Sec. 4. Every owner of a boiler within the State, which is sub
ject to inspection under the provisions of this act, shall, within
thirty days after this act shall become effective, notify the inspec
tor. Said inspector 01* a deputy shall make the required inspec
tion of each such boiler at least once in each year, and oftener if
he shall deem it necessary, and make a thorough and complete ex
amination thereof by hydrostatic test 01* by internal or external
examination 01* any or all of these methods as he shall deem best.
He shall satisfy himself as to the pressure at which each such
boiler may safely be used. The owner of any boiler, whether or
not subject to inspection under the provisions of this act, shall
allow the inspector free access to the same at all reasonable times.
The owner of any boiler subject to inspection shall have said
boiler ready for inspection at such time as shall be fixed by the
inspector upon being given not less than two weeks’ written notice
of the day so fixed; and in fixing such day, the inspector shall
comply with the convenience and business requirements of such
owner as far as he reasonably can do. The inspector or a deputy
may, in his discretion, make any inspection on Sunday. The in
spector 01* deputy shall consult with the engineer or other person
in charge of each boiler as to the condition and operation thereof,
and if he shall thereby discover or in any manner learn of any deUnsafe boilers, feet or imperfection in said boiler, or of any dereliction or care
lessness on the part of the engineer or other person in charge of
said boiler relative thereto, or to the operation thereof, he shall
as soon as may be, give notice thereof to the owner of such boiler.
If as a result of such inspection the inspector or deputy shall de
termine that any such boiler is in any such condition as to be un
safe, and that the danger is imminent, he shall order the opera
tion of such boiler to be stopped forthwith, and thereupon such
operation shall be stopped until such boiler or the defective part or
parts thereof shall be repaired or renewed and put in safe condi
tion and a certificate thereof issued by the inspector; where there
is no immediate danger, such inspector 01* deputy shall notify the
owner to remedy the defect or defects within such reasonable time
as he may prescribe, and if such defect or defects are not remedied
within such prescribed time, the use of such boiler shall be dis
continued at the expiration thereof until it is put in safe condi
tion and a certificate thereof is issued by the inspector.
Code.
gEC g The inspector shall as soon after his appointment as may
be formulate and adopt a standard code of rules for the construc
tion, equipment, installation, and inspection of boilers, wii^h
standard and rules shall be based upon the standard code of rules
published and enunciated by the American Society of Mechanical
Engineers; and said inspector shall amend such standard code
of rules from- time to time, basing such amendment on any amend
ment made by the American Society of Mechanical Engineers in
the standard code of rules published and enunciated by said society.
The inspector of boilers shall have in his office and open during
business hours for public inspection, a copy of the standard code
and rules formulated and adopted by him.
Safety devices.
g EC> 0# x 0 boiler shall be erected within the limits of this State
after the first day of September, A. D. 1919. unless it shall be
constructed and equipped with safety devices in compliance with
the standard and rules set forth in the code of rules; and any
person erecting or installing any boiler after said date shall forth-
TEXT OF LAWS— RHODE ISLAND.
with notify the inspector thereof, and said inspector shall there
upon satisfy himself either by inspection or by certificate from
the manufacturer, or other evidence satisfactory to him, that such
boiler complies with the requirement of this act. And upon being
so satisfied such inspector shall, without charge, furnish to the
owner of such boiler a certificate thereof. In case any boiler shall,
after the first day of September, A. D. 1919, be so damaged or
injured as to require repairs to the extent of fifty per centum of
the value thereof, the inspector or deputy may, in his discretion,
require that said boiler be so repaired and so equipped with safety
devices as to comply with the provisions of the code of rules.
Sec. 7. Whenever the inspector or a deputy shall have inspected
any boiler and shall have found it safe for operation; or when
ever any repairs required by him to be made in any boiler shall
have been completed to his satisfaction; or whenever, in the caso
of any boiler hereafter installed he shall have satisfied himself by
inspection or otherwise that it may be safely operated; or when
ever, in the case of any boiler erected after the first day of Sep
tember, A. D. 1919, he shall have satisfied himself that such boiler
complies with the standard and code of rules set forth in the code
of rules, he shall, upon payment of the required fee, issue to the
owner of such boiler his certificate, authorizing the operation of
such boiler and stating the limit of pressure at which such boiler
may be used, and stating the date of the issue of such certificate,
which shall be valid for one year from such date. Each such cer
tificate shall be conspicuously posted by the owner of such boiler
in the engine room or boiler room of the boiler to which it refers.
Sec. 8. For every such inspection made under the provisions of
this act. the owner shall pay to the inspector or deputy the sum
of five dollars for each boiler inspected, which shall be paid forth
with upon the conclusion of such inspection, and before certificate
is issued : Provided , however, That no such fee shall be paid by any
city. town, or fire district.
Sec. 9. In case any owner of any boiler shall be dissatisfied
with the decision of the inspector in any matter, he may, within
two days after such decision demand in writing an arbitration of
the subject matter thereof, and thereupon within five days after
srn-h demand the inspector shall appoint one arbitrator and such
owner shall appoint another arbitrator, and the two so chosen
shall appoint a third, and if, within five days after their appoint
ment they shall be unable to agree upon the appointment of such
third arbitrator, then such arbitrator shall be appointed by any
justice of the superior court to whom application shall be made
by such owner after two days’ written notice to the inspector.
If no such application shall be made within fifteen days after the
decision of the inspector, the demand for arbitration shall be
deemed to be withdrawn and the decision of the inspector shall
become final and binding upon the parties. The said arbitrators
shall hear the parties, and the award of any two shall be final
and binding, which award shall be filed in the office of the in
spector and the notice thereof given to said owner. The arbitra
tors s*hall be entitled to receive the sum of ten dollars each for
each such arbitration, one half thereof to be paid by such owner
and the other half to be paid by the State. The decision of the
inspector shall remain in force until the aw'ard of arbitrators shall
be made.
Sec. 10. Any person wTho shall refuse to have inspected any
boiler requiring inspection under the provisions of this act, or who
shall permit such boiler to operate at a greater pressure than is
allowed by the certificate, or shall use any such boiler requiring
inspection under the provisions of this act before a certificate shall
be issued or after such certificate shall expire or after the use
of such boiler has been forbidden by the inspector of boilers, or
shall use any boiler newly erected or installed before a certificate
shall be furnished by the inspector, and any person wTho shail
refuse to allow the inspector free access to any boiler at any
reasonable time, whether or not said boiler is subject to inspec-
293
Certificate.
Fee.
Arbitration.
Violations.
294
Enforcem ent.
Exem ptions.
Reports.
Ordinances.
Salaries.
L A B O R
L E G IS L A T IO N
O F
1919.
tion under tlie provisions of this act, and any owner of a boiler
within the State, which is subject to inspection under the pro
visions of this act, who shall not, within thirty days after this act
becomes effective, notify the inspector, shall be fined not more than
five hundred dollars or imprisoned not more than three months,
or both, in the discretion of the court. The inspector may make
complaint to the justice or clerk of any district court within whose
jurisdiction any violation of the provisions of this act shall occur,
and shall not be required to give surety for costs.
Sec. 11. The superior court shall have jurisdiction to enforce
compliance with the provisions of this act upon petition bein^
filed by the inspector and notice being given to the person or
persons charged with a violation of the provisions of this act, and
it may issue such process of injunction, mandamus, or otherwise
as in the opinion of the court shall be necessary to enforce com
pliance with the provisions hereof, but no ex parte restraining
order shall be issued unless upon a showing satisfactory to the
court that danger to life or property is imminent, and in such case
citation to the defendant shall be returnable not more than five
days after such ex parte restraining order shall be entered.
Sec. 12. The followng boilers shall be exempt from the provisions
of this act and not subject to inspection: Boilers on motor vehicles,
self-propelled boilers, ditching machines, cranes, pile drivers,
wreckers and steam shovels owned or used by railroads or rail
ways, boilers on steam locomotives, boilers on vessels within the
waters of the State, boilers under the jurisdiction of the United
States, boilers carrying a pressure of fifteen pounds or less per
square inch steam or thirty pounds 01* less per square inch water,
and boilers which are inspected and insured by companies char
tered for the purpose of insuring steam boilers and authorized to
do business within the state during th.e time that such insurance
remains in force, provided due evidence of such inspection and in
surance shall be furnished to said inspector either by the company
furnishing such insurance or by the person or persons insured.
S e c . 13. The inspector shall make a report to the general as
sembly in January, A. D. 1920, and biennially thereafter, setting
forth the number of boilers inspected by him or the deputy and the
number of boilers reported to him and exempted from such inspec
tion under the provisions hereof, so far as he shall be able to de
termine such number; and also making such recommendations as
he shall see fit for the promotion of public safety. He may, in his
discretion, make more frequent reports to the general assembly and
may by the governor be required to make report to him at any time
as to any matters pertaining to the duties of his office.
Sec. 14. No city or town shall have power to make any or
dinance, by-law, or resolution concerning, or to provide for the in
spection, or to license the erection, installation, or operation of any
boiler within the limits of such city or town, and any ordinance, by
law, or resolution heretofore made or passed of or concerning any
of the matters aforesaid, shall be void and of no effect.
Sec. 15. The inspector and deputy shall devote their entire time
to the duties of their respective offices and shall receive in full
compensation for their services annual salaries of eighteen hun
dred dollars for the inspector and twelve hundred dollars for the
deputy. The inspector nwty incur such expenses for clerical as
sistance and office supplies as may be necessary not exceeding in
the aggregate the sum of one thousand dollars annually, and the
sum of four thousand dollars shall annually be appropriated for
the purpose of paying such salaries and for said expenses.
The general assembly shall annually appropriate such sum or
sums as it may deem necessary and sufficient for traveling and
other necessary expenses and for the payment of arbitrators as
provided in section 9 of this a c t; and the State auditor is hereby
directed to draw his orders on the general treasurer for the pay
ment of such sums within the amount appropriated as may be from
time to time required upon vouchers approved by the inspector.
Approved April 24, 1919;
SOUTH CAROLINA.
ACTS OF 1919.
Act No. 20.— Payment of wages on termination of employment.
[This act amends Section 3812, Vol. I., Code of laws, 1912, so
;:s io read as follows:]
S e c t i o n 3812. When any corporation carrying on any business
W ages t
in this State in which laborers are employed, whose wages, under Paidthe business rule or custom of such corporation, are paid monthly
or weekly on a fixed day beyond the end of the month or week in
which the labor is performed, shall discharge any such laborer,
the wages which have been earned by such discharged laborer
shall become immediately due and payable. And if not so paid
within twenty-four hours after written demand therefor, then
such laborer shall recover in addition thereto a penalty of as Penalty,
much per day for the time said wages shall remain unpaid, not
exceeding thirty days, as he was receiving at the time of his
discharge.
Approved the 14th day of February, A. D. 1919.
A ct N o. 8 7.—
o
b k
Conciliation and arbitration— State board.
[This act adds a new section, 9-a, to Act No. 545, Acts of 1910,
reading as follows: ]
Sec. 9-a. Any person, firm, or corporation violating the provisions of this act shall, upon conviction, be fined not less than
twenty-five ($25) dollars nor more than one hundred ($100)
dollars, or sentenced to not more than thirty (30) days upon the
county chain gang.
violation s,
Approved the 13th day of March A. D. 1919. .
A ct
N o. 135. — Employment
of children— School attendance.
1. Every parent, guardian, or other person having Attendance re^
charge of any child between eight and fourteen years of age, qu^ed.
must send such child to a public, private or parochial, or to a
competent tutor, subject to the approval of the county superin
tendent of education, school for four consecutive months, or eighty
days during the scholastic year, that the school attended is in
session. Provided, That in case the term of any school is less
than four months or eighty days attendance for the full term of
such school shall be sufficient to meet the requirements of this
act except as hereinafter provided.
S ec . 2. Upon the written petition of a majority of the quali- Full term at*
lied electors residing in any school district requesting the at-tendance,
tendance of pupils on school throughout the full term, the county
board of education shall order such attendance hereunder. This
act shall not shorten the period of school attendance in any
district where a longer school term than four months is now'
maintained and attendance is required under the local option
law.
Sp:c. 6. The county board of education sball appoint such at- Attendance ofntendance officer or officers as the needs of the public schools o fcers'
the county may require: Provided, That the board of trustees of
any district containing an incorporated town or city of two
thousand inhabitants may nominate to the county board of edu
cation the attendance officer for their district and may fix his comS e c t io n
295
LABOR LEGISLATION OF 1‘JIO.
296
Same.
Exemptions.
Aid.
Employment.
pensation from the special tax funds of their district. The duties
of such attendance officer shall be to take annually a school census
of all the children in each district between the ages of six and
fourteen years, and to file with the county board of education a
report giving by school districts the name of each such child,
the race, the sex, and the names and local addresses of each
child’s parents. This census shall be taken during the months
of July and August. Any child ineligible to attend the public
school shall be reported by the attendance officer to the county
superintendent, who shall transmit such report to the executive
head of the proper State school for such special child.
S e c . 7. Women shall be eligible for employment as district or
county attendance officers.
S e c . 12. In the case of a widowed mother or of a crippled father
any child above twelve years of age whose labor may be neces
sary for the support, in whole or in part, of any person, may be
excused. The children of parents unable to purchase the necessary
books for attendance upon a public school shall, upon the order of
the county board of education, be furnished these books out of
the public funds of their district. The county boards of education
shall be the competent judges of such cases.
S e c . 14. No child under fourteen years of age shall be employed
in any factory, work shop, or mercantile establishments, or in any
place or manner, during the usual school hours in said district,
unless the person employing such child shall first procure a cer
tificate from the superintendent or teacher of the school said child
last attended, stating that the child attended school for such cur
rent year for the period required by law, or has been excused from
attendance as provided by the third section hereof, and it shall
be the duty of said superintendent or teacher to furnish such
certificate on application of the parent, guardian, or other per
son having control of such child entitled to same.
Approved the 1st clay of March, 1919.
BOUTII DAKOTA.
ACTS OF 1919.
C h a p t e r 134.— Child
welfare commission— Employment conditions.
S e c t io n 1. The superintendent of public instruction, the super- Members,
intendent of the State hoard of health, the president of the
woman’s board of investigation, the parole officer of the State
board of charities and corrections, and one citizen of the State
to be appointed by the governor to serve for two years shall con
stitute the child w elfare commission, and each shall serve without
compensation.
S e c . 2. The child welfare commission shall investigate the con- Duties,
dition of children and advise pertaining to their care and instruc
tion; it shall examine into the condition of children employed in
the industries of this State, and shall advise employers pertain
ing to the most favorable conditions for sucli labor in such em
ployment ; and shall enforce the laws of the State for the protec
tion of children so employed and shall biennially report its doings
and recommendations to the governor, which report shall be pub
lished as are the reports of other State officers and boards.
Sec. 3. There is hereby appropriated out of any money in the Appropriation,
treasury, not otherwise appropriated, the sum of live hundred dol
lars, or so much thereof as may be necessary in carrying out the
purposes of this act during the ensuing biennium, to be paid upon
the warrant of the auditor upon vouchers duly approved by the
superintendent of public instruction.
Approved March 11, 1919.
C h a p t e r 190.— Private
employment offices.
S e c t io n 1. No person, firm, or corporation in this State shall License r e
open, operate, or maintain a private employment agency for hire Quired*
or f o r help without first obtaining a license for the same from the
industrial commissioner, and the license fee shall be ten dollars
($10) per annum, payable in advance on the first day of May each
year, or at the time of application for license, and shall expire
on the last day of April of each year. Every license shall con
tain a designation of the city, street, and number of the building
in which the licensed parties conduct said employment agency.
In case of removable to another location during the period covered
by such license, the industrial commissioner shall be at once noti
fied and the license corrected accordingly. No such license shall be
transferable: Provided, That this act shall not be construed to
include teachers’ agencies.
Sec. 2. The industrial commissioner shall require with each ap- Bond,
plication for a license a surety bond in the penal sum of two
thousand dollars ($2,000), to be approved by said industrial com
missioner, and conditioned that the obligor will not violate any of
the duties, terms, and conditions, provisions, or requirements of
this act. The industrial commissioner is authorized to cause an
siction or actions to be brought on said bond in the name of the
State for any violation of any of its conditions and he may revoke
upon a full hearing any license whenever in his judgment the party
licensed shall have violated any of the provisions of this a c t; and
in the prosecution of any such inquiry, the industrial commissioner
is hereby empowered to administer oaths, subpoena witnesses,
take depositions, compel the attendance of witnesses, and the pro
duction of books, accounts, papers, records, documents, and
testimony.
297
LABOR LEGISLATION OF 1919.
298
Canceling
cense.
li
Signs.
Register.
Receipts.
Registration.
Fee.
Dividing fees.
Sec. 3. In case of refusal of any person to comply with the order
of the industrial commissioner or subpoena issued by him, or the
refusal of any witness to testify to any matter, regarding which
he may be lawfully interrogated or refusal to permit any inspec
tion as aforesaid, the industrial commissioner may cancel the
license held by such person, firm, or corporation refusing to comply
with the orders of the industrial commissioner: Provided , That
the orders of the industrial commissioner be in accord with the
provisions of this act. When such license shall be so cancelled it
shall not be reissued to said person, firm, or corporation for a
period of six months from the date of said cancellation.
Sec. 4. No private employment agency shall print, publish, or
paint on any sign, window, or insert in any newspaper or publica
tion a name similar to that of the U. S. Employment Service.
Sec. 5. It shall be the duty of every licensed agency to keep a
register in which shall be entered the name and sex of every per
son for whom employment is secured, and the amount of fee
charged. Such licensed agency shall also enter into a register the
name and address of every person for whom help or servants are
secured. Such register shall at all reasonable hours be open to
the inspection and examination of the industrial commissioner or
his agent, and a copy of such facts shall be filed with the industrial
commissioner not later than the tenth day of each succeeding
calendar month.
Sec. 6. Every licensed agency shall issue a receipt in triplicate
to each person securing employment or help showing the occupa
tion, name, and address of the applicant, and the amount of the
fee charged for procuring the petition, and such receipt shall also
show the wages to be paid to said person securing employment, to
gether with the name and address of the employer and the name of
the agency issuing such receipt. Also the nature of the employ
ment offered, and if a strike or lockout is known to exist the fact
shall be stated.
Said receipt shall be made upon forms prescribed by the indus
trial commissioner and the third copy to be retained by the
agency issuing same. The carbon copy of each and every receipt
issued shall be mailed to the industrial commissioner as prescribed
in section 5.
Sec. 7. No licensed agency shall charge a registration fee for
filing or receiving application for help or employment, nor on any
agreement to furnish employment or help. Monthly reports sliail
be made to the industrial commissioner upon forms prescribed
by him, showing all registrations for employment or help.
Sec. 8. The fee for procuring employment or help shall in all
cases be clearly set out in the receipt as provided in section 6, and
shall be in no case of a larger amount than shall be scheduled by
the industrial commissioner. The receipt shall plainly show the
amount of the fee, all commissions and expenses or compensation
whatsoever to such licensed agency for procuring employment or
help. In case the party paying such fee fails to obtain the employ
ment specified and such failure shall not be the fault of such
applicant for employment, such licensed agency shall repay the
same to such person upon demand being made therefor: Provided ,
That in cases where the person seeking employment is sent beyond
the limits of the city in which such employment agency operates,
such licensed agency shall repay in addition to the above any
actual expenses incurred by reason of failure to receive employ
ment, in all cases when it shall appear that the employment agency
made false representations.
Sec. 9. Any licensed agency, or agent thereof, who shall be
guilty of dividing fees with any superintendent, manager, fore
man," or other employees of any person, company, corporation, or
association, for whom employees are furnished shall be guilty of
misdemeanor and shall be fined not less than fifty dollars ($50)
or be imprisoned in the county jail for a period not exceeding
three months at the discretion of the court.
TEXT OF LAWS— SOUTH DAKOTA.
299
Sec. 10. No agency shall knowingly send or cause to be sent, any Immoral resorts.
female lielp or servant to any place of bad repute, liouse of ill
fame, or assignation liouse, or to any liouse or place of amusement
kept for immoral purposes.
Sec. 11. No such licensed agency shall publish or cause to be False s t a t e ments
published any false information, make any false promise con
cerning or relating to work or employment to any one who shall
register for employment, and no licensed agency shall make any
false entries in the register to be kept as herein provided.
Enforcement.
S e c . 12 . It shall be the duty of the industrial commissioner
to enforce this act. When informed of any violation thereof it
shall be his duty to investigate same, as hereinbefore provided,
and he may institute criminal proceedings for enforcement of
its penalties before any court of competent jurisdiction. Any
person convicted of a violation of the provisions of this act
not otherwise provided for, shall be guilty of a misdemeanor and
shall be fined not less than fifty dollars ($50) nor more than
one hundred dollars ($100) for each offense or be imprisoned
in the county jail for a period not to exceed three months or
both such fine and imprisonment at the discretion of the court.
Provided, That any person or persons who shall send any female
help or servant to any place of bad reputer liouse of ill fame or
assignation house or to any house or place of amusement kept
for immoral purposes, shall be punished by imprisonment for
not less than thirty days nor more than three months and no
license to operate an employment agency shall be again issued
to such party.
Employment.
S e c . 14. The term employment or work, whenever used" in this
act, shall be construed to mean manual or mechanical labor,
clerical, domestic, or professional service.
S e c . 15* Any person, firm, or corporation who for hire or with Agency.
a view to profit shall undertake to secure employment or help
through the medium of'cards, circulars, pamphlets of any nature
whatsoever, or through the display of a sign or bulletin offer to
secure employment or help or give information as to where
employment or help shall be secured, shall be deemed a private
employment agency and shall be subject to the provisions of this
act.
S e c . 1<>. In case for any reason, any paragraph or any provision
Provisions sevof this act shall be questioned in any court and shall be held to erabie.
be unconstitutional or invalid, the same shall not be held to affect
any other paragraph or provision of this act.
Approved March 12th, 1919.
C h apter
259.— Inspector of mines— Stone quarries.
S e c t io n 1. It shall be the duty of the inspector of mines- t& Quarries
visit and inspect the commercial stone quarries of this State an&inspected,
all the provisions of sections 8705 to 8718 inclusive of the South
Dakota Revised Code of 1919 relating to mine inspection shall
apply to commercial stone quarries. Whenever the word “ mine ”
or “ mines ” is used in said sections it shall be construed to
include stone quarries.
Approved March 5, 1919.
C hapter
to be
263.— Mothers'1 pensions.
[This chapter amends sections 10023 and 10025 of the Revised
Code of 1919 (sections 1 and 3 of chapter 275, acts of 1913) so
as to read as follows:]
S e c . 10023. For the partial support of any woman whose bus- .Allowance
band is dead, whose husband becomes permanently disabled f0r vided*
work by reason of physical or mental infirmity, or whose husband
is a prisoner in the State penitentiary, or any woman who has
been divorced from her husband in this State for a period of one
year or more, when such woman has a child or children under
pro*
LABOR LEGISLATION OF 1910.
300
Amount.
Termination.
the age of sixteen years whom she is unable to support, and such
mother and child or children have had a residence in this State
for one year and in the county for six months before making
application therefor, such county shall have authority and be
required to make an allowance to such woman, upon petition and
notice as provided in this chapter, which petition and notice shall
be prepared by the State’s attorney of the county without charge
to the petitioner of the county, as follows: Not to exceed fifteen
dollars per month when such woman has but one child under the
age of sixteen years, and if she has more than one child under
the age of sixteen years, it shall not exceed fifteen dollars per
month for the first child and not to exceed seven dollars per
month for each of the other children under the age of sixteen
years. The order making such allowance shall not be effective
for a longer period than six months, but upon the expiration of
such period the judge of the county court may, from time to time,
extend such allowance for a period of six months or less, if the
court is satisfied that such order for extension is proper.
S e c . 10025. Whenever any child shall reach the age of sixteen
years, any allowance made to the mother of such child for the
benefit of such child shall cease. The county judge may, in his
discretion, at any time before such child reaches the age of sixteen
years, discontinue or modify the allowance to any mother and for
her child.
Approved February 19, 1919.
Chafteb 297.— Payment of irages— Semimonthly pay day— Rail
roads.
Time
ment.
of
pay
Violations.
S e c t i o n 1. Every person, firm, or corporation operating a public
service railroad in the State of South Dakota, shall, on or before
the first day of each calendar month, pay all their employees
engaged in the performance of either manual or clerical labor the
wages earned by them during the first half of the preceding month
ending with the fifteenth day thereof, and shall, on or before the
fifteenth day of each calendar month, pay such employees the
wages earned by them during the last half of the preceding month:
Provided , however, That if at any time of payment an employee
shall be absent from his or her regular place of labor and shall
not receive his or her wTages through a duly authorized represen
tative, such person shall be entitled to said payment at any time
thereafter upon demand upon the proper paymaster at the place
wiiere wages are usually paid and wiiere such pay is due: Pro
vided, Nothing herein contained shall be construed to interfere
with the daily or weekly payment of wages.
Sec. 2. Any person, firm, or corporation violating any of the
provisions of this act shall be punished by a fine of not less than
twenty-five nor more than one hundred dollars.
Approved March 12th. 1919.
TENNESSEE.
ACTS OF 1919.
Ch apter
110.— Bureau
of workshop and factory inspection—
Regulations .
S e c t i o n 1 . There is hereby created a bureau to be known as the Bureau created.
“ bureau of workshop anil factory inspection of the St: te of Ten
nessee,” to be under the general control and direction of the chief
mine inspector of the State of Tennessee, which is to have its office
with the mining department of the State of Tennessee.
Sec. 2. The present chief inspector of workshops and factories, Staff.
and the three deputy inspectors, shall be chief inspector and deputy
inspectors respectively under this act for the duration of their
present term of office. A t the expiration of their respective terms
of office, the chief mine inspector, by and with the written consent
and approval of the governor, shall appoint a chief inspector of
workshops and factories, who shall hold office for a term of two
years from the date of his appointment and until his successor is
appointed and qualified. The chief mine inspector shall also by Appointments.
and with the written consent and approval of the governor, ap
point four deputy inspectors of workshops and factories, three
male and one female, each of whom shall hold office for a term of
two years from the date of their appointment and until their suc
cessors are appointed and qualified. The chief mine inspector may
also appoint with the approval of the governor a clerk at a salary Salaries.
of not exceeding $1,800 per annum, and a stenographer at not ex
ceeding $1,200 per annum. Such help to be employed only if their
services become necessary.
S e c . 3. The chief inspector of workshops and factories shall be Qualifications.
a competent and practical mechanic of not less than 5 years of
practical experience, and shall give his entire time and attention
to the duties of his office. He shall enforce the provisions of all Duties.
laws relating to workshops and factories and prosecute violations
thereof, and shall enforce the provisions of all other laws which
have heretofore, by statutory provisions, been enforced by the de
partment of workshop and factory inspection of the State of Ten
nessee, and shall perform such other duties as are required of him
by law. Each male deputy inspector of workshops and factories
shall be a competent and practical mechanic and each deputy in
spector must devote his or her whole time and attention to the
duties of the office.
S e c . 4. The chief inspector of workshops and factories, under
Districts.
the direction of the chief mine inspector, shall ^divide the State
into districts and make such assignments of deputy inspec
tors therein as they may see fit, and prescribe such rules and
regulations for their government as the service may require.
Each deputy inspector of workshops and factories shall visit
the shops and factories of the district assigned to him as often
as practicable, see that the laws relating to workshops and fac
tories are enforced, performing such other duties pertaining to
the department of workshops and factory inspection as the chief
inspector may direct.
Sec. 5. Each deputy inspector of workshops and factories as Inspection.
signed to a district for the inspection of workshops and factories
therein shall carefully inspect the sanitary conditions, systems of
sewerage, situation a n d . condition of water-closets, systems of
heating, lighting and ventilating rooms where persons are em-
301
302
Records.
Authority.
Scope.
Ventilation.
Fans, ctc.
L A B O R
L E G IS L A T IO N
O F
1 !)1 9 .
ployed at labor, and means of exit in case of fire or other disasters
within, or connected with, such workshops and factories. They
shall examine the belting, shafting, gearing, elevators, drains, and
machinery in and about such workshops and factories, and see that
they are not so located as to be dangerous to employees when en
gaged in their ordinary duties, and as far as practicable, securely
guarded; that they shall see that eaeli vat, pan, or structure,
filled with molten lead or hot liquor is surrounded by proper safe
guards for preventing accident or injury to persons employed at
or near them. For the purpose of inspection or examination re
quired of them by law, the chief inspector of workshops and fac
tories, and each deputy inspector, at reasonable hours may enter
any workshop or fiictory in the State.
Sec. (j . The inspector shall make an accurate record of all
examinations and inspections of the workshops and: factories
inspected by each, showing the date inspected, the condition in
which such workshops or factories are found, the extent to which
laws relating thereto are observed or violated, the progress made
in the improvement of the workshops and factories, and the
conditions to insure the preservation of life and health by the
provisions of this act and other laws, the enforcement of which
are under the direction of the bureau of workshops and factory
inspection, the number of accidents or injuries received in and
about such workshops- and factories, with full details of each,
the number of men, women, and children employed in and about
such workshops and factories, the number of shops and fac
tories in the district of each inspector, together with all other
facts and information of public interest concerning the condition
of the workshops and factories of the State. The data thus
collected shall be forwarded to the office of the chief factory
inspector on the blanks prepared for that purpose on or before
the third day of each month or as the chief factory inspector
may require, covering the work of the previous month. The
chief mine inspector shall make a complete record of such inspec
tions and shall forward to the comptroller of the treasury each
month a report showing all workshops and factories inspected
by the various inspectors during the previous month, the number
of persons employed in each, and the inspection fee to be col
lected by the comptroller for the inspection of each. The chief
mine inspector shall make an annual report to the governor as
soon as practical after the close of each calendar year, in which
shall be included all data collected under the provisions of this
section, with such other information as may be deemed of public
interest.
Sec. 7. In the performance of his duties pertaining to his
office, the chief inspector of workshops and factories, and each
of the deputy inspectors, shall have the authority of a notary
public to administer oaths and take affidavits in the administra
tion of the duties thereof, and any false swearing shall be deemed
perjury and punishable as such.
S e c . 8 . The term “ workshops and factories,” as used in this
act, shall include the following: Manufacturing, mills,, mechanical,
electrical, mercantile, art, and laundering establishments; print
ing, telegraph, and telephone offices ; department stores, or any
kind of establishment wherein labor is employed or machinery
used.
Sec. 9. Every factory, workshop, association, or other establish
ment in which five or more persons are employed shall be so venti
lated while work is carried on therein that the air shall not be
come so exhausted as to become injurious to the health of the
persons employed therein, and shall also be so ventilated as to
render harmless, as far as practicable, all gases, vapors, dust, or
other impurities generated in the course of the manufacturing
process or handicraft carried on therein.
Sec. 10. Every factory, workshop,. association, or other estab
lishment where a work- or process is carried on by which dust,
TEXT OE LAW S---- TENNESSEE.
303
filaments,. or injurious gases are produced or generated, that are
liable to be inhaled by persons employed therein, the person, firm,
or corporation by whose authority the said work or process is
carried on shall cause to be provided ami used in said workshop,
factory, association, or establishment, exhaust fans, conveyors,
receptacles, or blowers with pipes and hoods extending therefrom
to each machine, contrivance, or apparatus by which dust, fila
ments, or injurious gases are produced or generated; or provide
other mechanical means to be maintained for the purpose of carry
ing off or receiving and collecting such dnst, filament, devitalized
air, or other impurities as may be detrimental to the health of
those in, about, 01* in connection with such place as herein men
tioned: Provided, That if natural ventilation sufficient to exclude
the harmful elements above enumerated be provided, the require
ment of this section shall have been complied with by such firm,
corporation, association, ar other establishment as herein men
tioned. Said fans, blowers, pipes, and hoods shall be properly
fitted and adjusted and of power and dimensions sufficient to
effectually prevent the dust, filaments, 01* injurious gases pro
duced or generated by said machines, contrivances, or apparati
from escaping into the atmosphere of the room 01* rooms of said
factory, workshop, or other establishment where persons are em
ployed.
S e c . 11. Not: less than two hundred and fifty (250) cubic feet of
Air spacc.
air space shall be provided for each employee or operative at work
in a room or place within the meaning ©f this act between the
hours of six o’clock in the morning and the hours of six o'clock in
the evening, and not less than four hundred (400) cubic feet of air
space for each person so employed between the hours of six o’clock
in the evening and six o'clock in the morning.
S e c . 12. In places of amusement wherein five or more employees
Fire protection,
are engaged in duties that appertain thereto, the owners, managers,
proprietors,, or other persons in charge, shall provide that such
places shall be well ventilated and that adequate and sufficient fire
protection shall be maintained, and that all exit doors of such
amusement places shall be opened outward wherein in addition to
tlie said five employees fifty or more patrons might be congregated.
S e c . IB. No person shall hire,, employ,, or contract with another
Work in teneto manufacture, alter, repair,, or finish any article in any room, Rients>etc*
apartment, or tenement unless said room,, apartment, or tenement
shall be well lighted and ventilated and shall contain at least five
hundred (500) cubic feet of air space for every person working
therein: Provided, That where children under the age of sixteen
years live in such room, apartment, or tenement, they shall not
engage in any work above specified without first obtaining a per
mit so to do from tlie bureau of workshop and factory inspection.
S e c . 14. The chief or deputies of the bureau of workshop and
W ages,
factory inspection shall have authority to ascertain the average
week by [weekly] wages of all employees other than officers, and
that the failure 01* refusal on the part of any manager,, owner,
foreman, 01* other person in charge of any industry under inspec
tion? or investigation to furnish such information or answer any
question pertaining to any inspection 01* investigation, shall consti
tute a violation of this act, and said manager, owner, foreman,, 01*
other person found guilty thereof shall be punished as provided for
herein.
Sec . 15. Any owner,, manager, foreman* or other person who may
Violations,
refuse, fail, or neglect to comply with the orders issued by said
chief or deputies shall be guilty of a misdemeanor, and upon con
viction thereof, shall be punished by a fine of not less than fifty
(5 0 ) dollars,, nor more than one hundred (10 0 ) dollars, and in
addition thereto a fine of five (5 ) dollars for each day after the
time limit elapsed until said order is* carried out acceptably to
said bureau chief or said deputies.
Any fine thus imposed shall through the county court be paid to
the State treasurer and be credited to the bureau of workshop and
304
L A B O R
Removing sale-
guai &
L E G IS L A T IO N
OF
1910.
factory inspection, and shall be used in paying the incidental ex
penses of said bureau.
s EC ^0
0 person shall remove or make ineffective any safeguard around or attached to any machinery, vats, pans, or ap
paratus, except for the purpose of making repairs thereon, and
all safeguards so removed shall be replaced promptly: Provided,
When the machine or any part thereof is found to be in dangerous
condition a notice shall be attached thereto, and such notice shall
not be removed until the machinery is made safe, and the required
safeguards are provided, and in the meantime, such unguarded
or dangerous machinery shall not be in use.
S e c . 17. Every person, firm, or corporation operating a factory,
workshop, or other establishment, required to be inspected under
the provisions of this act, where there is installed and used ma
chinery or mechanical devices or apparatus, the use and operation
of which are calculated to be hazardous in any degree, shall pay to
the comptroller of the State of Tennessee for the use of the State,
an inspection fee for each inspection made by the chief inspector
of workshops or factories or any of his deputies according to the
following schedule:
Industries employing not less than 5 nor more than 9 per
sons_______________________________________ $5.00
Industries employing not less than 10 nor more than 24 per
sons ______________________________________
7.50
Industries employing not less than 25 nor more than 49 per
sons_______________________________________ 15.00
Industries employing not less than 50 nor more than 99 per
sons ______________________________________ 25.00
Industries employing not less than 100 nor more than 249
persons___________________________________
35. 00
Industries employing not less than 250 nor more than 499
persons___________________________________
50. 00
Industries employing not less than 500 nor more than 999
persons____________________________________ 75. 00
Industries employing more than 1,000 persons_________ 100. 00
S e c . 18person, firm or corporation shall be required to
* pay more than one inspection fee under the provision of this
act, during anj^ one year. The inspection fees herein prescribed
shall be paid to the comptroller of the State at the end of each
year, and for the purpose of collecting the same, the persons,
firms, and corporations liable to pay the fee, as provided in
section 1 , shall prepare a sworn report and file same with the
comptroller of the State of Tennessee, on the first day of January
of each year, beginning with January 1, 1920, showing the
monthly average number of employees, of every character em
ployed by the person, firm or corporation making such report
during the preceding year or any part thereof; and said report
shall also contain the number of inspections made by the chief
inspector of factories and workshops, or his deputies during that
year.
The inspection fees, payable as provided in section 17 of this
act, shall be paid to the comptroller with the report herein
required.
The chief mine inspector shall also make a report to the
comptroller of the State on the first day of January of each
year, containing the same information required to be contained
in the reports to be filed by operators of factories, workshops, etc.
In the event of the failure or refusal of any persons, firm or
corporation to pay the fees as prescribed herein, it shall be the
duty of the comptroller to collect said fees by distress warrants
or otherwise.
^EC* 1 9 . The salary of the chief inspector of workshops and
factories shall be two thousand ($2,000) dollars per annum, pay
able monthly on the warrant of the comptroller, as other sal
aries are paid. The salary of each deputy inspector shall be
Collecting fees.
Report.
Salaries.
TEXT OF LAW S— TENNESSEE.
305
fifteen hundred ($1,500) dollars per annum, payable monthly on
the warrant of the comptroller as other salaries are paid.
Sec. 20. The mining statistician shall, in addition to the duties
now imposed upon him by law, act as statistician and chief clerk
of the bureau of workshop and factory inspection, and as such
shall perform such duties as may be assigned him by the chief
mine inspector.
clerk-
Approved April 11, 1919.
C
h apter
119.— Mothers’ pensions,
S e c t i o n 1. The
county courts of each county shall baveai^ ho to have
authority as hereinafter provided to make provisions for partialai *
support of women whose husbands are dead, or whose husbands
are prisoners, confined to the State penitentiary, or asylum,
when such women are poor and are mothers of children under
the age of fifteen (15) years, and such mothers and children
reside in such counties.
Sec. 2. The allowance of each such woman shall not exceed Amount,
ten dollars ($10 ) per month when she has but one child under
the age of fifteen (15) years; and if she has more than one
child under the age of fifteen (15), it shall not exceed the sum
of $10 per month for the first child and $5 per month for each
of the other children under the age of fifteen years.
Sec. 3. Such allowance shall be made by the county court and
only on the following conditions:
Conditions,
(1) The child or children for whose benefit the allowance is
made must be living with the mother of such child or children.
(2) The allowance shall be made only when in the absence of
such allowance the mother would be required to work regularly
away from her home and children and when by means of such
allowance she will be able to remain at home with her children.
(3) The mother must in the judgment of the county court,
be a proper person, physically, mentally, and morally, for the.
bringing up of her children.
(4) Such allowance shall, in the judgment of the court, be
necessary to save the child or children from neglect.
(5) No person shall receive the benefit of this act who shall
not have been a resident of the county in which such application
is made.lor at least two years before the making of such applica
tion for such allowance: Provided , That the provisions of this
act shall not'apply to any child which lias its own property suf
ficient for its support.
Sec. 4, The county court in each county may levy a tax, not to > Funds»
exceed two mills on the dollar annually, on all taxable property
in the county, such tax to be levied and collected in like manner
with the general taxes of the county, and to be known as the
mothers’ pension fund and kept separate from all other taxes.
S ec. 5. Whenever any child shall reach the age of fifteen (15) Termination,
years any allowance made to the mother of such child for the
benefit of such child shall cease.
The county court may, in its discretion, at any time before such
child reaches the age of fifteen (15) years, discontinue or modify
the allowance to any mother and for any child. If such husband
has been confined to the Tennessee State penitentiary, such allow
ance shall cease on his discharge or parole, and whenever any
woman on whose account any allowance shall have been made
under the provisions of this act shall marry, such allowance shall
cease.
Sec. 6. A woman whose husband is dead, or whose husband is Application,
confined in the Tennessee State penitentiary, may file an applica
tion for assistance under this act, provided such woman is a citizen
of the United States of America and has a previous residence of
two years in the county where such application is made and is
1757°— 21-------20
LABOR LEG ISLAT i OX OF
306
1919.
the mother of a child or children under fifteen (15) years old at
the time of making application.
Allow ance.
S e c . 7. Such allowance shall be made by the county court upon
a verified petition made by such poor woman, or by some member
of the court of said county, or by any other charitable organiza
tion within such county. Upon presentation of such petition to
the court, the court shall proceed to investigate and shall make
such allowances only upon hereinbefore mentioned conditions.
Fraud.
Sec. 8 . Any person or persons fraudulently attempting to obtain
a pension for a person not entitled thereto shall.be deemed guilty
of a misdemeanor, and upon conviction thereof shall be punished
by a fine o f not less than five dollars ($5) nor more than fifty
dollars ($50) or by imprisonment for a period of not to exceed
thirty (30) days, said imprisonment in discretion of the county
court.
Approved April 11, 1919.
C
h apter
143.— Employment of children— School attendance .
[This chapter amends section 1 of chapter 9, Acts of 1913, by
requiring school attendance of children from seven to sixteen dur
ing the entire school term instead of from eight to fourteen for
eighty consecutive days.]
TEXAS.
ACTS OF 1919.
C h a p t e r 106.— Department
of labo?\
[This chapter amends article 5243, Revised Civil Statutes of
1911, so as to read as follows:]
S e c t io n 1. Article 5243. The commissioner of the bureau of Salaries.
labor statistics shall receive a salary of $3,000 per annum, pay
able monthly, and he shall be allowed a secretary at a salary of
$1,800 per annum, an assistant secretary and stenographer at a
salary of $1,500 per annum, a chief deputy at a sahixy of $2,000
per annum, six deputies at a salary of $1,800 each per annum, a
chief of the woman’s division at a salary of $2,000 per annum, and Woman’s dm two women inspectors at a salary of $1,800 each per annum— each 1
to be appointed by him— and such assistants and employees as
the legislature may at any time in the future authorize, wi|hin
the limits of the appropriations made therefor. The commissioner
shall also be allowed necessary postage, stationery, printing, and
other expenses to transact the business of the bureau, within the
limits of the appropriation made therefor, and the salary fs'hall be
paid as in the case of other State officers and employees. In ad
dition to his salary, the commissioner and any employee of the
bureau shall be allowed his actual necessary traveling expenses
while in the performance of duties required by this act, and with
in the limits of the appropriations made therefor.
Sec. 2. That for the purpose of enabling the commissioner of the Appropnatian.
bureau of labor statistics to more efficiently perform the duties im
posed upon the bureau under the laws, by employing the additional
assistants and employees provided for in the foregoing section,
and paying salaries commensurate with the services rendered,
there is hereby apportioned out of any funds in the State treasury
not otherwise appropriated a sum of $10,800, or so much thereof
as may be necessary for the remainder of the fiscal year, beginning
March 1, 1919, and ending August 31, 1919, to be expended accord
ing to the following apportionments, to w it:
Additional salary of commissioner________________
Additional salary of secretary___________________
Salary of assistant secretary and stenographer_______
Salary of chief deputy-_________________________
Salary of two additional deputies_________________
Salary of chief of woman’s division________________
Salary of two women inspectors___________________
Traveling expenses_____________________________
$300
150
750
1,000
1 , 800
1,000
1, 800
4, 000
T o ta ls _________________________________ $10, 800
Approved March 24, 1919.
C
h apter
152.— Protection of employees on buildings.
S e c t io n
1. Hereafter any building three or more stories in
height, in the course of construction or repairs, shall have the joists,
beams, or girders of each and every floor below the floor level
where any work is being done, or about to be done, covered with
planking laid close together, said planking to be of not less than
one and one-half inches in thickness in buildings that have steel
framework, and what is commonly known as one-inch plank in all
others where joists are set on two-foot centers or less, to protect
Floors.
307
308
L A B O R
L E G IS L A T IO N
O F
1019.
the workmen engaged in the erection or construction of such build
ings from falling through joists, girders, and from falling planks,
bricks, rivets, tools, or other substances whereby life and limb
Scaffolding.
are endangered. Where any scaffolding is placed on the outside
of any of said buildings, over any public street or alley where
persons are in the habit of passing, then said scaffolding shall
be so constructed as to prevent any material, tools, or other things
from falling off and endangering the life of passers-by.
R em oval
f Sec. 2. Such flooring shall not be removed until the same is re
floor.
placed by a permanent flooring in such building.
Hoistways.
Sec. 3. If elevators, elevating machines, or hod-hoisting appara
tus ere used within a building in the course of construction, for
the purpose of lifting materials to be used in such construction,
the contractor or owners, or the agents of the owners, shall cause
the shafts or openings in each floor to be inclosed or fenced in on
- all sides, two sides of which must be at least six feet, and two sides
where material is to be taken off or on shall be protected by auto
matic safety gates.
Duty o f c o
Sec. 4. It shall be the duty of the general contractor having
tractor.
charge of the erection and construction of such building to provide
for the flooring as herein required, and to make such arrangements
as may be necessary with the subcontractor in order that the provisioiis of this act may be carried out.
Owner.
Sec. 5. It shall be the duty of the owner, or the agent of the
owner, of such building to see that the general contractor or sub
contractors carry out the provisions of this act.
Same.
Sec. 6 . Should the general contractor or subcontractors of such
building fail to provide for the flooring of such buildings as
herein provided, then it shall be the duty of the owner or the
agent of the owner of such buildings to see that the provisions
of this act are carried out.
Sec. 7. Failure upon the part of the owner, agent of the owner,
general contractor, or subcontractors to comply w ith ; .the. spro
visions of this act shall be deemed a misdemeanor, and upon con
viction thereof shall be fined in any sum not less than fifty dollars
nor more than two hundred dollars, and each day of such viola
tion shall constitute a separate offense.
Violations.
Approved March 31, 1919.
C h apter
160.— Industrial welfare commission— Minimum wages,
etc.
C o m m is s i
established.
Employees.
Duties of
npussion;
n
Section 1. There is hereby established a commission to be
known as the industrial welfare commission, hereinafter called
the commission. Said commission shall be composed of three
persons as follows: The head of the bureau of labor statistics,
who shall be chairman of the commission, the representative of
employers of labor on the industrial accident board, and the
State superintendent of public instruction. Two members of
the commission shall constitute a quorum, the concurrence of
two members shall be necessary to determine any question that
may arise for decision, and a vacancy on the commission shall
not impair the right of the remaining members to perform all
the duties and exercise all the powers and authority of the com
mission.
Sec. 2. The commission may employ a secretary and two (2)
investigators to carry out the purpose of this act, and shall fix
Ihe compensation of such employees, not to exceed the sum of
$1,800 per annum for each one, and all necessary traveling ex
penses, within the appropriation made therefor;
Sec. 3. (a) It shall be the duty of the commission to ascertain
the wages paid, the hours and conditions of labor and employ
ment in the various occupations, trades, and industries in which
women and minors are employed in the State of Texas, and to
make investigations into the comfort, health, safety, and welfare
of such women and minors.
•
T E X T
O F
L A W S —
T E X A S .
309
(b) It shall be the duty of every person, firm, and corporation
employing labor in this State—
1. To furnish to the commission, at its request, any and all Of employers.
reports or information which the commission may require per
taining to the working conditions and wages paid women and
minors to carry out the purpose of this a c t; such reports and Reports.
information to be verified by the oath of the person, or a member
of the firm, or the president, secretary, or manager of the
corporation furnishing the same, if and when requested by the
commission or any member thereof.
2. To allow any member of the commission, or its secretary or Inspection,
any of its duly authorized employees, free access to the place of
business or employment of such person, firm, or corporation, for
the purpose of making an investigation authorized by this act,
relating to the working conditions and wages of women and
minors.
3. To keep a register of the names, ages, and residence ad- Register,
dresses of all women and minors employed.
(c) For the purpose of this act, a minor is defined to be a
person of either sex under the age of fifteen years.
Sec. 4. The commission may specify times to hold public hear Hearings.
ings, at which time employers, employees, or other interested per
sons may appear and give testimony as to the matter under con
sideration. The commission or any member thereof, or the secre
tary or any investigator employed by said commission, shall have
lower to subpoena witnesses and to administer oaths. All wit
nesses subpoenaed by the commission shall be paid the fee and
mileage fixed by law in civil cases. In case of failure on the part
of any person to comply with any order of the commission or any
member thereof or any subpoena, or upon the refusal of any wit
ness to testify to any matter regarding which he may lawfully be
interrogated before any wage board or the commission, it shall
be the duty of any district court or the judge thereof, to whom
application is made, on the application of a member of the com
mission, to compel obedience in the same manner, by contempt
proceedings or otherwise, that such obedience would be compelled
in a proceeding pending before said court. The commission shall
have power to make and enforce reasonable and proper rules
of practice and procedure and shall not be bound by technical rules
of evidence.
Sec. 5. ( a ) The commission shall have further power, after a Fixing wagce,
public hearing before any member of the commission, or before any€tc*
investigator employed by said commission, and upon its own motion
or upon petition, to fix :
1. A minimum wage to be paid to women and minors engaged
in any occupation, trade, or industry in this State, which shall not
be less than a wage adequat
@FedFRASER